OLLENNU J.S.C.: This is an appeal from a judgment of Bruce-Lyle J. delivered at Sunyani on 24 January 1963 which reversed a judgment of the Brong/Ahafo Central Local Court Division II. The proceedings commenced with a claim filed in the local court by the plaintiff, hereinafter called the appellant, for trespass to a portion of a farm situate at Mampong, Nkwanta, but the whole issue boiled down to a boundary dispute between a farm of the appellant and an adjoining farm owned by the defendant, hereinafter called the respondent.
The facts are very simple. The respondent was the wife of one Kwame Dapaah deceased. She and her said husband made separate farms which formed boundary with each other. Kwame Dapaah died about five years prior to the commencement of the dispute and was succeeded by one Kwadwo Nsiah, the first witness for the respondent. After Dapaah’s death, the respondent together with the said Kwadwo Nsiah, Dapaah’s successor, and other members of Dapaah’s family went over all…