JUDGMENT OF TAYLOR J.
The plaintiffs-respondents hereinafter called the plaintiffs, all minors, sued the defendants-appellants hereinafter called the defendants per their mother and next friend Akosua Akyirem at the District Court, Mampong. Their claim endorsed on their application for the writ of summons is formulated as follows:
[p.156]
"The plaintiffs' claim is for a share of cocoa farm left behind by the late Kwadwo Pensan (the father of the plaintiffs) for his whole children, of which the first and second defendants have refused to give to the plaintiffs their due share. The farm in question is lying, situate and being at Oponso in the Wassaw Traditional Area commonly known and called Bobkrom valued about N¢300.00."
The first defendant is the head of family and the second defendant is the son of the said deceased.
The plaintiffs by their next friend, their mother, led evidence touching the facts grounding their claim. The relevant portion of her evidence is as follows:
"I know Dora Marfo, Afua Sarpong and Francis Antwi. They are my children. My husband was called Kwadwo Pensan who is now deceased. When Pensan married me he took me to the bush where I made a farm with him. It was a cocoa farm. After making the farm Kwadwo Pensan divorced me and the children went back to their father Pensan. Pensan told me that he had divided the farm into two and that he had given half of the farm to all his children who are the issues of his three wives including myself. Dora Marfo the first plaintiff was in Kumasi at the time and Pensan called her and put the matter before her. The second defendant who is also the son of Pensan told Dora Marfo to go back to Kumasi and return on holidays so that he could take her to the farm to show her the cocoa farm. Dora Marfo was unable to meet the second defendant when her father Pensan died. Later the first defendant and the second defendant told me that Pensan gave half of the cocoa farm to the children of his two wives, viz: Afua Eto and Afua Dabre excluding my children. I could not understand this so I reported the matter to Kyekyewere Odikro. The odikro and his elders met the first defendant and the second defendant including myself, but the first defendant and the second defendant refused to allow the odikro to go into the matter and said I should take the case to anywhere I liked. The farm in question is lying at Oponso in the Wassaw Traditional Area commonly known as Bobkrom. The value of the farm is about N¢300.0
