SMITH-MENSAH vs. YARTEL

JUDGMENT OF VAN LARE J.S.C. Van Lare, J.S.C. delivered the judgment of the court. The plaintiff lost in this action which he instituted in the year 1957 before the Cape Coast Municipal Court against “the defendant to assign his reasons for failing to account to the plaintiff as ebusuapayin of the family of Nana Tuaa of the Ntwaa-Abadzi family of Cape Coast for tolls collected by the defendant since fifteen years ago as caretaker for the plaintiff “. The action relates to the Abakan village land alongside the Cape Coast—Elmina Road and raises the question of title and ownership of the said land. The plaintiff claims that his great-grand-uncle Kobina Tuaa of Cape Coast settled at Amamima village and acquired the area in dispute together with its adjoining area known as Kusipra by clearing the virgin forest. His case is that by an agreement between the respective predecessors of the parties, the predecessor of the defendant became the caretaker of the said land and had been paying ...