The plaintiff, as successor of the late Isaac Cob blah Fiscian and representative of the Aruna family, sued the defendant for a declaration of title to, and recovery of possession of, the piece or parcel of land described in the writ of summons thus:
" situate and lying at Akwandor bounded on the north by S. O.
Akiwumi's property measuring one hundred feet more or less on pg194
the south by Samuel Quashie Nelson's property measuring one hundred
feet more or less on the east by proposed road measuring one hundred
feet more or less and the west by Fiscian's property measuring one
hundred feet more or less, " which by order of the Land Court has been
superimposed on a plan of the South Adabraka layout showing the land
in dispute hatched in red-pencilstriped lines.
The plaintiff is the son of the late Isaac Cobblah Fiscian, who during his lifetime was one of the two accredited heads and representatives of the Aruna family. '1'he other was the late J. E. Maslino. There is evidence on record which proves that during the time these two men were heads and representatives of the said Aruna family, one or the other or both of them acted for and on behalf of the family in matters relating to family property and, in particular, sold, executed deeds of conveyance, instituted actions and defended suits with respect to Aruna family property-a portion of which is alleged to be the land now claimed by the plaintiff.
There is also evidence showing that the identical piece or parcel of land the subject-Matter of this appeal was the subject-matter in the suit Joseph Tetteh v. Anna Owutokor Oracca Tetteh, which was commenced in the Ga Native Court" B." The plaintiff in that suit relied on a deed 6f conveyance dated October 11, 1937, and executed by D.S. Quarcoopome, who had purchased the land from Robert Lamptey, who in turn had acquired the land in 1921 by a gift from his uncle, G. Aruna Nelson, the son of Chief J. A. Nelson (otherwise known as Chief Alasha), a Chief of the Brazilian community. It is admitted that the land in dispute is within the area of the large piece or parcel of land which the Ga Chiefs granted to the Brazilian community, who were immigrants who arrived in Accra about 1836.
The defendant in that suit, Anna Owutokor Oracca Tetteh, contended that she bought the land from Isaac Cob blah Fiscian, the immediate predecessor of the plaintiff in this suit. She attempted to serve him with a subpoena, but he was said to be too ill; in any
