ABBAN J. A.: The dispute related to a piece of land at Lartebiokorshie in Accra which land formed part and parcel of Sempe stool land, a fact which both parties acknowledged. Indeed the respondent (hereafter called the plaintiff) claimed to have bought the land from the Sempe stool through its occupant Nii Tetteh Kpeshie II and his elders; while the appellant (hereafter called the defendant) averred that the same piece of land was granted to him by Kpakpo Moffat, Dzasetse of the Sempe stool.
The plaintiff sought a declaration of title to the said land. She also claimed damages for trespass and an order for injunction. I refer to the relevant portions of the amended statement of claim which read as follows:
“(1) The plaintiff is the owner of all that piece of land as per plan attached.
(2) The plaintiff was granted that land by the Sempe stool by a sale in 1950. (2A) In September 1976, a deed registered as No 4179/1977 was executed by the Sempe stool to evidence the said sale.
(3) The pl…