BIRIMPONG vs. BAWUAH

JUDGMENT OF AMPIAH JA. This action is in respect of land which the parties described as Besease lands in the Atwima District of Ashanti. The plaintiff claimed as the allodial owner of all these Besease lands. After a series of amendments, the plaintiff eventually claimed for: “a declaration that plaintiff is sub-allodial owner of all Besease lands forming boundaries with ... of which land the plaintiff is a caretaker for the Golden Stool of Ashanti.” The defendant, who described his land similarly, denied the plaintiff’s claim and counterclaimed for a declaration of title to all the lands as described in paragraph 14 of his amended statement of defence filed on 21 May 1988. Even though the defendant had also counterclaimed for one-half share of proceeds and profits from the land, the final amended statement of defence did not pursue this claim. It was therefore not necessary to give judgment on that aspect of the claim. At the end of the trial, the learned trial judge gave jud...