QUIST V. KWANTRENG AND OTHERS

OLLENNU J.

This is an appeal from judgment of the Accra Central Local Court, delivered on the 30th March, 1961. Before dealing with the points which have been argued, it is necessary to set out the history of the case very briefly. In 1958, the plaintiff instituted an action against the defendants in the Land Court, Accra, claiming the same reliefs which she claims in the present suit. On the 31st March, 1960, that suit was struck out and the parties were referred to the appropriate local court by virtue of section 55 of the Local Courts Act, 1958 No. 23 of 1958., which came into force in or about November, 1959, and which is now repealed.

During the two and half years or so that that case was in the Land Court, it came before me on five occasions; that was between the months of June and September, 1959. On the 4th September, 1959, the last day on which it came before me, I indicated that I used to know the late K. Armah Kwantreng whose will was being called in question in the suit, and…