ASIBEY III AND OTHERS vs. AYISI

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 defend...