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JUDGMENT
SOWAH, J. A. : Facts: This is an appeal against the judgment of the High Court, Koforidua delivered on 11th April 2014 in favour of the plaintiff against all 17 defendants.
The appeal was lodged on 2nd June 2014 by the 14th, 15th and 16th defendants who are hereafter referred to as the appellants.
A précis of the facts of this case are as follows: , Joseph Teye Agor, purporting to be the head of the Agor family of Okper Wekpeiti of Somanya issued a writ against sixteen defendants on 1st December 2004. He sought declaration of title to land duly described, declaration that the said land is plaintiffs’ family land, an order setting aside purported sales by the 14th, 15th and 16th defendants/appellants, recovery of possession and perpetual injunction.
The statement of claim as amended on 29th November 2005 averred that the system of inheritance of plaintiff's family is patrilineal.
That although the mother of the 14th defendant had been a member of the family, the 14th defendant and her children, the 15th and 16th defendant were not members of plaintiff's family.
The family had permitted them to farm on portions of the family land but they had fraudulently conveyed portions of the land to the 1st to 13th defendants without the family’s consent.
With the exception of the 5th defendant who filed a separate statement of defence, and the 7th defendant who did not enter appearance or contest the suit, all the other 14 defendants filed a common statement of defence which was amended on 10th June 2009. They denied that plaintiff’s family owned all the land described in the writ of summons.
The case of the 14th to 16th defendants/appellants was that the Agor family has three divisions, namely the Odjer (Odze), Ofori Teye and Kornnya.
That by virtue of Krobo custom they remained full members of the Odjer branch of the Agor family and were farming on portions of the land in dispute as of right as members of the family.
The defendants stated that portions of the land sold to the 1st to 4th defendants and 8th to 13th defendants was made with the consent and authority of Akuffo Agor who was head of the Agor (Odjer) family at the time.
That the said alienations were made in order to contribute financially to fight litigations over the land.
The defendants also pleaded that the plaintiff was estopped from denying the 14th defendants membership of the family because of an arbitration held by Abokobi Asafoatse into her membership of the family.
The 5th defendant s