ABBAN J.A.: This is an appeal from the ruling of the high Court, Sunyani dated 29 July 1981. The plaintiff-respondent (hereafter referred to as the plaintiff) had sued for a declaration of title to land, perpetual injunction and damages for trespass.
As it turned out from the pleadings, the plaintiff based his root of title on a grant made to him by the Dormaa stool in Brong-Ahafo while the defendant-appellant (hereafter referred to as the defendant) claimed to have got his grant from the Sefwi Wiawso stool in the Western Region. It was therefore necessary to find out whether the land in dispute was in Brong-Ahafo or in the Western Region, as that would affect the jurisdiction of the High Court, Sunyani.
Again, it appeared that the boundary between the Dormaa stool and the Sefwi Wiawso stool was in dispute before the Boundaries Settlement Commissioner. The court was not so sure; so on 24 November 1977 the learned judge adjourned the case to 8 December 1977 to enable counsel for the pla…