OPANIN KOFI ADADE v. KWADJO ASIMENG

Judgment :

This is an appeal from the decision of the Native Appeal Court of Akyem Abuakwa which reversed the decision of the Adonten Native Court " B " of Tafo, in a suit instituted by the Appellant for a declaration of title to land.

The claim is:-

"The plaintiff claims upon oath of Paramount Chief of Akyem Abuakwa, from the Defendant, his title or ownership of all that piece or parcel of land with cocoa farm thereon, situate lying and being at Tontro and bounded on north by late Madam Bobia's property, on the south by Opanyin Kofi Adado's property, on the east by Kwadjo Adu and late Kwaku Branie's property and on the west by Opanyin Kofi Adade's property."

While this suit was pending in the said Native Court, Appellant swore the State oath on Defendant-Respondent with respect to boundary marks on a portion of the same land alleged to have been removed by the Defendant-Respondent. order:-

At the trial the Native Court of 1st instance made the following

"The parties admit that both cases are about the same land in dispute and both parties agree that both cases be consolidated."

These two consolidated claims are in effect:

(a) For declaration of title to land.

(b) For trespass on portion of the same land.

Appellant's case is that his late uncle Kwadjo Poasa "who was the Chief at Tafo, granted a piece of land" to him, that he made farms on the land and "granted" portions of the forest land to other persons, including one late Akosua Bobia, Respondent's mother, and to one Asante, Akosua Bobia's husband, who is Respondent's father. Akosua Bobia is described in the proceedings as "heiress to the Tafo Stool." Kwadjo Peasa was Chief of Tafo when he made the grant, and Appellant succeeded him as Chief of Tafo. It is not disputed that the land was property of the Stool of Tafo at the time of the grant. It follows that according to Native Law, Respondent being the son of Akosua Bobia "heiress of the Stool of Tafo," is a member of the same Stool family as Appellant.

The marriage between Akosua Bobia and Asante was dissolved, in consequence of which the farm which two of them had made jointly on the land was divided into two, each retaining a portion; Asante who is a non-native of the State returned to his native home and vacated the farm. The Appellant's contention is that Asante's farm reverts to him, because he had granted the land to Asante.

The Court of 1st instance gave Judgment in favour of Appellant on the 1st claim and in favour of Respondent on