BROBBEY, JSC: 

This is an interlocutory appeal from the Judgment of the Court of Appeal dated the 8th day of May, 2007.

The facts relevant to this case are that, in the year 1957 Togbe Ayim Darke IV instituted legal action against Togbe Gobo Darke XI of Tsito and one Ntow Peniana, a subject of Tsito, in the Peki Native Court for a declaration of title and damages for trespass to parcels of land known as Awaline Avagah and Tiame. The case was transferred to the High Court, Ho, presided over by Francois J. 