ASANO vs. TAKU AND ANOTHER

This is an appeal from the decision of the Fante Nyankumasi District Court Grade II dated 25 September 1970. That decision dismissed a claim by the plaintiff-appellant (who shall hereafter be referred to simply as the plaintiff) to enforce costs awarded him at an arbitration presided over by Nana Kwame Nkyi of Assin and upheld a claim by the defendants-respondents (who shall hereafter be referred to as the defendants) to set aside the said award and an order for a declaration of title in respect of a piece of land over which the said award was made in favour of the plaintiff. The brief facts of this case are that the second defendant is a younger brother of the first defendant. The evidence shows that the plaintiff is the fetish priest of an obosum called Tigare brought to the Ochiso village by the first defendant, the plaintiff and other inhabitants of the village. The obosum was housed in a building in which the plaintiff is staying situate near the disputed land on the outskirts ...