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JUDGMENT
Baffour J.A:
INTRODUCTION
The claim of the Plaintiff that originated the wrangling that has ended in this court might have been stillborn, yet its embers continue to fester. This appeal by the 1st to 4th as well as the 10th Defendants (hereinafter called the Appellants) is surely the progeny of the writ that was birthed by the Plaintiff on the 24th of August, 2007, wherein he sought reliefs against all the Defendants for declaration of title to about 15,000 acres of land at Oyarifa, and more particularly 118.84 acres of land, an order for cancellation of grants made by the 5th to 10th Defendants to third parties, damages for trespass, an order of recovery of possession and injunction. In the statement of claim Plaintiff alleged itself to be the owners in possession of the allodial title to all lands at Oyarifa and that Appellants who hail from the Abese Animle We family of the Abese quarter of La are residential licensees of its family lands at Oyarifa. That the 5th to 7th Defendants (hereinafter called “the Respondents”) who hails from Owusu We gate of the Agbawe clan are also licensees of its land at Oyarifa as they have no land. That the Respondents have caused to be made a statutory declaration of its ownership of some lands at Oyarifa. Besides, that the 8th and 9th Defendants had also been masquerading as joint heads of the Kplen We clan and have been making grants of the lands it claim to be the owners.
Appellants filed a defence and a counter claim. The Respondents also filed a late defence and a counter claim, which is one of the grounds of appeal and is discussed below. In effect Plaintiff claim ownership of certain lands at Oyarifa. Appellants also claim ownership of certain 118.84 acres of land at Oyarifa as belonging to Abese Animle We whiles the Respondents also claim ownership of a certain 49.28 hectares of land at Oyarifa as the property of Agbawe Owusu We. Out of the thirteen parties at the court below, claims to ownership of lands at Oyarifa revolved itself among three or four main blocks, namely, the Plaintiff, as the first party, the 1st to 4th Defendants [Appellants] as the second rival claimants, 5th to 7th Defendants [Respondents], as the third claimants and 10th Defendant/Appellant as another claimant by his counter claim. It was only the 11th and 12 Defendants, being the Lands Commission and the Land Title Registry respectively, that were neutrals in the judicial contest as it maintained in its statement of defence filed afte