ABRAHAMS v. AKWEI

JUDGMENT OF OLLENNU J. The respondent, plaintiff in the Accra West Local Court, claimed declaration of title as owner to the whole of Sempe stool lands in Accra. The immediate cause of action as disclosed in paragraph 1 of his writ of summons is a judgment of this court (unreported) delivered on November 4, 1960 by Adumua-Bossman, J., as he then was, in favour of the appellant, Richard Akwei, against one Ashirifie Nunoo, for declaration of title and damages for trespass. The subject-matter of that suit is a portion of Sempe stool land. The said land was granted to the appellant by Nii Tetteh Kpeshie II, Sempe Mantse, in accordance with customary law. The identical land was sold and conveyed to the said Ashirifie Nunoo by the respondent who claims to be the proper authority to alienate Sempe stool land. Thinking he had acquired good title from the respondent, Ashirifie Nunoo went upon the land to possess it, but his attempt was successfully resisted by the appellant who sue...