ASIBEY III AND OTHERS v. AYlSI

JUDGMENT OF AZU CRABBE J.S.C

The respondent in this appeal (hereinafter referred to as the plaintiff) who described himself as "head and representative of a family company of Larteh claiming certain lands near Miriwasan on Banso stool land" brought an action against the appellants (herein after referred to variously as defendants and by other designations) in the High Court, Kumasi, claiming by his writ of summons:

(1) an order of perpetual injunction restraining the defendants from any further interference with the rights of the plaintiff on a large tract of land, delineated on a plan attached to the writ, and

(2) damages for trespass.

The first defendant was the Kokofuhene representing the Kokofu stool, and the second and third defendants were sub-chiefs of the Kokofu state, being odikros of Miriwasan and Dwendwenase respectively, and the fourth, fifth, sixth to twenty-third and twenty-fourth defendants were farmers claiming title through the second defendant, and the twenty-fifth to thirty-fifth defendants were also farmers claiming through the third defendant. The twenty-third and thirty-third defendants claimed title through the Banso stool. The nineteenth defendant [p.107] alone relies on a customary oral grant from the Kyempo stool. Exhibit Z is the plan showing the land in dispute, and the farms cultivated by the various defendants, and drawn by a licensed surveyor, Christopher Tawiah Edifor, pursuant to an order by the trial judge.

The case for the plaintiff was briefly that on 29 April 1927, as head and representative of a family - company of Larteh people (known as the Syndicate of Akwapim Farmers), he bought a piece of land from the late Bansohene, Nana Kwaku Kyei, for a total price of £G871 (¢1,742.00). The sale was by native custom, and after the guaha custom had been performed to perfect the purchase, the plaintiff made a part-payment of £G501 (¢1,002.00). It was alleged that, in the absence of the Bansohene, Nana Kwaku Kyei, the money was paid to the Krontihene and the queenmother. Thereupon, a document on the land (exhibit A) was prepared at the instance of the late Nana Kwaku Kyei. The plaintiff paid the balance due on 18 March 1928 and obtained a receipt (exhibit B) from the late Nana Kwaku Kyei himself. The plaintiff and his people established cottages scattered all over the land, and made cocoa and foodstuff farms on the land. About five years after the plaintiff and his people had entered into possession of the land, the second