AMATEI V. HAMMOND AND ANOTHER

EDWARD WIREDU J.

This is the second trial of this case in this court. The first trial ended around the middle of 1963 and an appeal to the Court of Appeal was allowed and re-trial de novo ordered.

The dispute is about a piece of building plot at Osu in the Osu Ashanti Blohum Quarter, the property of the Osu Mankralo stool. The plaintiff on the undisputed facts is a subject of the said stool. At the commencement of the trial he was in physical possession of the land having constructed a building on it. This building on the facts which I accept, was constructed at a time when the defendant’s appeal against the first judgment of this court had been struck out for want of prosecution when, he failed to turn up when the appeal was called for hearing. The facts further show that later the appeal was re-listed and the present trial is the result of the order of that appeal.

The defendant also claims to be a subject of the Osu Mankralo stool. Even though issue was joined on this claim by the def…