JUDGMENT OF OWUSU AG. J.
The proceedings in this case were commenced with a writ filed in the High Court of Justice, Sekondi, on 4 May 1962. The plaintiffs are claiming against the defendants for:
(a) A declaration of their title to all that piece or parcel of land with the hereditaments thereon situate lying and being at Maseso Wassaw Tarkwa District, and bounded on the north by Wassaw stool land measuring 138 ropes (124 ft.) on the south by Suhiensu land measuring 105 ropes (91 ft.) on the east by Wassaw stool land measuring 111 ropes (94 ft.) and on the west by forest measuring 85 ropes (63 ft.) more or less.
(b) £G100 damages for trespass on the plaintiffs' said land.
(c) Recovery of possession of the portion trespassed upon by the defendants.
(d) Perpetual injunction restraining the defendants their agents, workmen and servants
from committing further trespass thereon.
[p.530]
The plaintiffs in their statement of claim aver inter alia:
"(1) The plaintiffs are owners of the piece of land described in the writ of summons.
(2) By a deed of conveyance dated 26 March 1949, and made between Wassaw Akropong stool and the plaintiffs herein, registered as No. 887/1960, the said land was conveyed to the plaintiffs.
(3) Immediately after the said conveyance the plaintiffs went into possession and fixed concrete pillars along their boundaries.
(4) From the time the plaintiffs took up possession in 1949, they lived on the land in peace and had no interference or challenge from any quarter until some time in 1961.
(5) The defendants herein trespassed thereon in 1961 and refused to quit in spite of both oral and written notices.
(6) Without the consent of the plaintiffs, the defendants have commenced clearing parts of the land with a view to cultivating it and refused to desist from this conduct in spite of the plaintiffs' repeated requests to them so to do.
(7) The plaintiffs have suffered damage as a result of the said trespass. Wherefore the plaintiffs claim as per writ of summons."
It must be mentioned here that on 14 June 1962, the Concessions Act, 1962 (Act 124), received the presidential assent; this was barely 40 days after the issue of the writ. Act 124 provides that the provisions of the Concession Ordinance, Cap. 136 (1951 Rev.), shall cease to apply in respect of stool lands. In effect the provisions relating to concessions at the time the writ was issued were those of the Concessions Ordinance, Cap. 136.
Hearing of this case commenced
