ASSEH V. ANTO

KORSAH C.J.

This is an appeal, by special leave, from the judgment of the Land Court which confirmed the judgment of the Ajumako Native Court “B” of Odoben in a suit wherein the plaintiff’s claim was:

(1) for declaration of title to two cocoa farms situate at Bremaku on the Odoben Stool land,

(2) an account of proceeds thereof; and

(3) perpetual injunction.

The plaintiff’s case is that the two cocoa farms were cultivated by his relative Opanyin Yena who during his lifetime parted with the farms as gifts to the plaintiff’s predecessor Kweku Apreku; that Apreku took possession of the farms, reaped and enjoyed the proceeds thereof during the lifetime of Opanyin Yena; that Kweku Apreku survived Opanyin Yena, and continued to reap and enjoy the proceeds of the said farms until Apreku died; that he, plaintiff, as the successor of Apreku is therefore entitled to the said cocoa farms.

The defendant does not dispute the following facts:

(a) that the two cocoa farms were cultivated by Opanyin Yena,

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