The plaintiff as the customary successor of the late James Brodie Apprey, claims from the defendant £G500 damages for trespass committed by the defendant who posted notices on seven houses forming part of the property the plaintiff succeeded to on Apprey's death. The form of notice attached to the writ of summons reads:
“The public are hereby informed that as from the date hereof no payment of rents in respect of the estates of James Brodie Apprey and Joseph Edward Biney, deceased, may be made to Mr. Kobina Abaka Quagraine, his agents or servants.
The said Kobina Abaka Quagraine has been removed as successor to late James Brodie Apprey, Cape Coast, and whoever overlooks this notice [warning] does so at his or her own risks.
Ebusua Panyin Kow Edu, Head of Deshina Family of Anyanmaim, for himself and on behalf of all families. Dated 17th August, 1964.”
The plaintiff also claims a perpetual injunction restraining the defendant, his agents or servants or both from having anything whatsoever to do with the lands with the houses thereon described in the writ. The facts of the case are straightforward. One Joseph Edward Biney, a wealthy man on his death appointed one James Brodie Apprey his sole heir and administrator. Accordingly, on a [p.409] true construction of the will in exhibit C, Apprey became the beneficial devisee of certain real properties in addition to other properties bequeathed to him by Biney. Apprey therefore enjoyed these properties absolutely in his own right. Apprey, however, died intestate and in accordance with Fante customary law, the estate of Apprey became family property. It is not in dispute that the present plaintiff was appointed customary successor to Apprey and he has, since the death of Apprey, been controlling these properties.
In November 1964, the defendant claiming to be the head of the Deshina family of Anyanmaim posted notices warning the entire world against paying any rents to the plaintiff in respect of the properties left by Apprey on the ground that the plaintiff had been removed as customary successor to Apprey. The plaintiff maintains that he is still the customary successor and has not been removed by his head of family and denies further that he comes from Anyanmaim. In his evidence, the plaintiff stated that after the death of his senior and uterine brother, Apprey, on 17 November 1951 and after the funeral rites in January 1952, his mother conferred with the head of family, one Kwesi Wiah, and appointed hi
