TETTEH AND ANOTHER V. DOKU

JUDGMENT

OLLENNU, J.

This case came on appeal from a judgment of Yilo Krobo Native Court Grade "A" delivered on the 18th December, 1957, to the then Land Court, in 1958. The said appeal was dismissed on the 24th October, 1958. An appeal from the said decision of the Land Court was allowed on the 2nd February, 1960, by the then Court of Appeal which by their order, remitted the case of this court to rehear it in whole, directing that "evidence be taken as to necessity or otherwise of substitution of parties".

Since the plaintiff-appellant relies for his claim to declaration of title upon a sale in execution of a decree upon an attachment made after the death of the judgment-debtor, J. Kwabla Anikpi, the onus lies upon him to prove that before the said execution issued, the personal representative or successor by customary law of the deceased judgment-debtor was substituted for the deceased for purposes of the execution, for no valid execution could issue without such substitution, the ex…