ANANE AND OTHERS vs. DONKOR AND ANOTHER (CONSOLIDATED)

JUDGMENT OF OLLENNU J. S. C. Ollennu J.S.C. delivered the judgment of the court. This appeal is from a judgment of Apaloo J. (as he then was) given in the High Court, Kumasi, in two transferred suits, consolidated. The plaintiff in each of the two suits is the husband of the co-plaintiff, who is a sister of the whole-blood of the first defendant. The dispute is in respect of four cocoa farms, one situate at a place called Ayomso-kwanso in an area or district known as Fahoyeden, and the other three are situate at a place called Biakwanso in the same district of Fahoyeden. The first defendant was at all times the person in possession of each of the four farms openly exercising full acts of ownership thereof. The co-plaintiff by deed dated 10 March 1952, mortgaged some four farms to her husband, the plaintiff, to secure a debt owed to him by the first defendant; according to the plaintiff and the co-plaintiff, the farms in dispute are the same as those the subject-matter of that mortg...