BIRIMPONG vs. BAWUAH

This appeal is of a very small compass. It comes to us by leave granted by the Court of Appeal on 28 January 1991. The judgment of the High Court was largely given in favour of the respondent. The Court of Appeal gave judgment in favour of the respondent. The court dismissed the appellant’s claim and decreed in favour of the respondent’s counterclaim. The respondent in his statement of case filed in this appeal has not taken advantage of the fact that concurrent judgments had been given against the appellant. He has been content to review the evidence and rely heavily on traditional history. In so doing the respondent misses the nature of the plaint which provoked this litigation. By his final amended writ of summons the appellant, the plaintiff claimed thus: “The plaintiff’s claim against the defendant is for a declaration that the plaintiff is sub-allodial owner of all Besease lands forming boundaries with Oyokohene from Akwamohyiaye to Akanpasua to Gyanabuo with Oyokohene ...