NTOAH V. APPEADU

ADADE J.S.C.: This case comes to us on appeal from the High Court, Kumasi (coram Roger Korsah J.). The suit had originally been heard and determined by the District Court Grade II, Effiduasi.

The plaintiff sued for a declaration that she is the owner of a piece of land at Odaho. She says the land belonged to her grandmother, Ama Nyarko. On her death it passed to her mother, Akosua Konadu. She has succeeded Akosua Konadu, and has by virtue of the succession become entitled to the land. She had been in possession of the land for about ten years. In 1976 the defendant trespassed onto the said land, and she sued. In an affidavit filed on 8 June 1976 the defendant claims the said land as his property, “being given to [him] by Nana Odahohene.”

After hearing evidence and inspecting the area the district court magistrate, his Worship Tekyi Mensah, dismissed the plaintiff‘s claim and entered judgment for the defendant. Her appeal to the High Court, Kumasi was also dismissed. In this court the pl…