QUAYE V. MARIAMU

VAN LARE, J.S.C.

This is an appeal from the judgment of Sarkodee-Adoo, J. as he then was, delivered on the 2nd October, 1959, in the Land Court, Accra, in a suit in which the plaintiff claims declaration of title to a piece of land at North West Korle Gonno Lay Out, Accra; recovery of possession; damages for trespass and perpetual injunction restraining the defendant, her agents and servants from entry upon the land in respect of which the defendant also counterclaimed for damages for trespass and perpetual injunction against the plaintiff.

The land, the subject-matter of controversy, appears to be a portion of Sempe stool land; the plaintiff bases his claim on a deed of gift purporting to be executed in his favour by Nii Tetteh Kpeshie II, Mantse of the Sempe stool, with the consent and concurrence of the elders and councillors of the said stool. The document executed on the 31st March, 1953, appears to be in order on the face of it and there is no suggestion to the contrary. The defen…