AMOAKO ATTA II AND OTHERS V. OSEI KOFI II AND OTHERS (NO.2)

OLLENNU J.

This suit commenced with a writ of summons issued on the 4th August, 1955, in the erstwhile Native Court “A” of Akyem Abuakwa. It was transferred to the Land Court by an order of the Land Court dated the 2nd March, 1956. The co-defendant, the Omanhene of Kwahu, was joined upon his application on the 22nd June, 1956. He had to be joined because by customary law a boundary dispute between a divisional stool in one state and a divisional stool in an adjoining state is a boundary dispute between the one state and the other; for no land can belong to the one paramount stool of the other, unless it belongs to or is in the occupation of a divisional stool under the paramount stool. Therefore whether he joined or not the judgment in the case would be binding upon him. The co-plaintiffs who claim title to portions of the land, subject-matter of the suit, as purchasers from the plaintiffs, were joined on the 30th January, 1957, also upon their application.

On the 12th October, 1957, i…