ANNAN V. BUCKLE AND ANOTHER

FRANCOIS J.A.: This is an appeal from the decision of circuit judge Isaac Amuah, Esq., sustaining the plaintiffs’ (hereafter called the respondents) claim for a declaration of title and recovery of possession of a parcel of land at Abossey Okai, Accra. The issue for determination was the simple but frequently recurring one of competing titles.

The respondents traced their title to the Akumajay Mantse, Nii Ayikai II whose stool owned the area in Abossey Okai described as “Opete Kpakpo” where the land in dispute was situated. This land had been adjudged to belong to the Akumajay stool by a decision of the Privy Council in a suit entitled Nii Abossey Okai v. Nii Ayikai II (1950) 12 W.A.C.A. 37. The respondents traced their root of title as follows:

(1) Sale in 1959 by Nii Ayikai II to one Amua Sekyi (exhibit A);

(2) Sale in 1960 by Amua Sekyi to the respondents’ mother, Anyema Korle (exhibit B);

(3) Separate gifts of the land by Anyema Korle to her children, the respondents, in 1965 (exhibit…