NANA DARKO FREMPONG II vs. MANKRADO K. EFFAH

Lord Guest delivered the judgment of their Lordships. This appeal is concerned with a dispute as to the ownership of a parcel of land in the Bemu River Forest Reserve of the then Gold Coast. In 1951, the Ohene of Aperade in an action against the Ohene of Achiasi for their respective stools claimed a declaration of title to certain lands called Amanfupong and Aperade and more particularly described in the writ of summons, and £G500 damages for mesne profits. On the 11th August, 1951, Dennison J. gave judgment in favour of the plaintiffs and awarded nominal damages of £G5. The ground of his judgment was that of the two parties only the plaintiffs could be said to have acted timeously in asserting their rights. The West African Court of Appeal allowed the appeal of Achiasi holding that the onus of proving that they were entitled to the declaration lay on the plaintiffs, Aperade, and as they had failed to discharge the onus, they were not entitled to the relief. Aperade appealed to th.....