ACOLATSE AND OTHERS vs. AHIABLEAME

JUDGMENT OF ADUMUA-BOSSMAN, J.S.C. These are cross-appeals against a judgment dated the 22nd August, 1959, of the Lands Division of the High Court, Ho, presided over by J. L. Minnow, Esq., Commissioner of Assize and Civil Pleas, as he then was. The parties will be referred to shortly throughout this judgment as the plaintiffs and defendants respectively. By his judgment the learned commissioner allowed in part, and at the same time dismissed in part, an appeal by the defendants against a judgment of the Anlo Native Appeal Court “A” which confirmed a judgment of the Dzodze-Hevi-Penyi-Ave-Afiadenyigba Native Court “B” whereby the plaintiffs claim for recovery of possession of a plot of land situate in Dzodze described in the writ of summons, together with three houses erected thereon by the defendants’ predecessor-in-title, Togbi Sri II, was upheld. The learned commissioner allowed the appeal in part in that he held that the judgment appealed against, in so far as it related...