AKIWUMI, J.S.C.,: This is an appeal from the judgment of the Land Court, Accra, presided over by Ollennu, J. Judgment was given on the 13th May, 1959, confirming the judgment of the trial native court. There were eight grounds of appeal. Learned counsel for appellant laid great emphasis on the fifth ground, which I think goes to the very root of the case.
In this case the plaintiff claims:
(1) Declaration of title, and
(2) Possession of the landed properties contained in the writ of summons from the defendant who in turn counterclaimed the identical properties from the plaintiff.
The facts briefly are the plaintiff’s father died when the plaintiff and his brothers and sisters were minors and the defendant who was the brother of plaintiff’s father was according to native custom appointed successor to his brother’s estate as trustee for the deceased’s children while they were minors. The defendant as such successor took possession of the estate and managed it for his brother’s children. On …