AKOTO II AND OTHERS vs. KAVEGE AND OTHERS

JUDGMENT FRANCOIS JSC. The contest between the parties is over a tract of land described by the plaintiffs as stretching: “from where Kenemutu stream enters into River Dain and thence eastward to the point where the Dibale stream meets River Dain and then northwards to Kegu and known as Kadubatukator and Dadadukatu lands.” Each party seeks a declaration of his title. It must be observed that the plaintiffs’ description of the area in dispute does not show a completely enclosed parcel of land but rather sets out a demarcating line with the River Dain, as the dividing physical feature. I shall return to this aspect of the plaint later in this judgment. The suit was instituted by 151 named plaintiffs, and though the writ was not couched as a representative action, the first two paragraphs of the statement of claim assert its representative character. Those paragraphs were expressed as follows: “(1) The first plaintiff is the Mankrado of Akpafu-Adorkor and ...