ABOKO AND OTHERS V. MENSAH

JUDGMENT

APALOO J.

This is an appeal from the judgment of the Kumasi East Local Court which on the 26th February, 1962, found for the plaintiff in his claim to title and possession of a piece or parcel of land situate on Obenimase stool land at a place called Odenyinaa Ye De.

The evidence establishes that the plaintiff who is not a subject of the Obenimase stool got himself possessed of a large area of Obenimase stool land without any grant from the stool. On this land he made farms in a haphazard manner with the result that a considerable portion of the land which he appropriated to himself was not farmed upon and remained virgin forest. The plaintiff was at one time encountered by the co-defendant who is the present occupant of the Obenimase stool on the land. The plaintiff puts the date of this encounter as the 29th February, 1960. At that time, the plaintiff says, he had been farming for ten years. When the co-defendant met the plaintiff on the land, he did what was natural, that is …