OHIMEN V. ADJEI & ANOR

JUDGEMENT

OLLENNU J.

The plaintiff in this case, suing as head of the Nana Danquah branch of the Asona family of Agona Swedru, sued the first and second defendants respectively as head of Asona Stool Family and as occupant of the Asona Stool of Agona Swedru. The claim is for a declaration of title, an injunction and damages for trespass. There as no counterclaim.

In their judgment delivered on September 4, 1956, the Native Court made certain specific findings of fact; they also held it to be established law and custom that undisturbed possession of land for fifteen years would have vested ownership of the land in the person in such possession. They dismissed the plaintiff's claim. The findings , fact made by the court are: that the land in dispute is the property , the Asona Stool, which is occupied by the second defendant; that the plaintiff's family are members of the stool family and have usufructuary rights over the said land, but are not owners in fee simple; that the dispute is res…