[1965]DLSC1861May 3, 1965Supreme Court

WEREKO vs. AKYEAMPONG

JUDGMENT OF MILLS-ODOI J.S.C. Mills-Odoi J.S.C. delivered the judgment of the court. This is an appeal from the judgment of the High Court, Kumasi, dated 11 April 1963, allowing an appeal from the Kumasi South (Division 1) Local Court dated 19 May 1961, in proceedings for a declaration of title to a piece or parcel of land situate at a place known as “Tadieti” on Antoa stool land. The plaintiff is the odikro of Aketebomo and claimed title to the land in dispute under an alleged grant made to his ancestors by Nana Antoahene. The defendant denied the plaintiff’s title to the land as alleged and stated that the disputed land formed part of a vast area of land which was granted to his (defendant’s) ancestors, Adu Amoyaw, by the Antoa stool long before the plaintiff’s ancestors came to settle at Antoa. According to the defendant the plaintiff has no land in the area in dispute. After taking evidence from the parties and their witnesses including Nana Sarkodie Asenso III, th...