SAASUO AND ANOTHER V. TEMABI AND ANOTHER

APALOO J.: This is an appeal from the judgment of the Sekyere Local Court delivered on the 15th June, 1961. In that action, the plaintiff claims against the defendant damages for trespass to a farmstead said to be situated at a place called Boakyi. The local court magistrate non-suited the plaintiff and ordered the land in dispute to be partitioned between the parties.

It appears from the evidence that the land in dispute is situated between the farms of both parties. The defendant claims that he went on the land on the authority of his maternal uncle by name Kwasi Akoi. The latter was joined to the suit as a co-defendant on his own application. A Mr. Kofi Ntem who also claimed to have authorised the plaintiff who is his niece to institute the present proceedings also sought to join this action. He was joined as co-plaintiff.

The evidence shows that about twenty-two years ago, there was some sort of dispute on the identical piece of land which is the subject-matter of the present disput…