TOTAL OIL PRODUCTS LTD. V. OBENG AND MANU

OLLENNU J.

The land, the subject-matter of this suit is situate at Old Tafo in the Akim Abuakwa state. It is a portion of the Tafo stool lands under the Akim Abuakwa paramount stool.

By an indenture of lease dated the 9th September, 1960, exhibit F, the first defendant demised the said land to the plaintiff-company for a term of years and placed them in possession. The first defendant is an Ashanti man, and not a subject of the Akin Abuakwa stool. He had purchased the land from the second defendant, a subject of the Akim Abuakwa stool, as evidenced by the deed of conveyance dated the 29th June, 1960, exhibit C, and a further deed dated the 8th September, 1960, exhibit D. The said deed exhibit D was prepared by a solicitor who appeared in this case as counsel for the plaintiff-company, because, it was recited in exhibit D, "the said indenture dated 29th June, 1960 was not effectual to pass to the purchaser therein the legal estate in fee simple contracted to be granted and conveyed".

Befo…