FORSTER JA.
In consolidated suits nos LT 21/64 and LT 126/65, Abban J gave judgment for the plaintiff, Paul Narkoli Shardey, the respondent in the present appeal and dismissed the case of Asafoatsenguah Adamtey. In both suits the plaintiff claimed declaration of title to a piece of land at Akutunya, in Somanya, recovery of possession and perpetual injunction. The present appeal arises from an action which was a sequel to the judgment in the consolidated suits. The plaintiff-claimant-appellant (hereinafter called the “appellant”) is the son of Asafoatsengua Banahene, the defendant and co-defendant respectively in suits nos LT 21/64 and LT 126/65 in which said suits Banahene was the losing party. The appellant had employed John Amartey, the defendant in suit No LT 126/65, to erect a building on a portion of the land, which Abban J by his judgment in the suit, found to have been trespassed on by Banahene.
When the judgment-creditor, Paul Narkoli Shardey, the respondent herein, in execution…