NANA AKYE KWASI III (DEFENDANT/APPELLANT) vs. WILLIAM ADEGBEY AND ESTHER CUDJOE (PLAINTIFFS/RESPONDENTS)

HONYENUGA J.A. This is an appeal from the judgment of the Circuit Court, Tarkwa dated the 26th day of October 2007. The second Plaintiff/Respondent’s ancestor Bekoe Adade broke the virgin forest and later gifted the land to the second Plaintiff/Respondent about 35 years ago. The Plaintiffs/Respondents exercised overt acts of ownership over the land in dispute by planting food crops and timber trees. The defendant claiming that the land belongs to the Ayiem Stool sent some persons on the land and destroyed the said trees of the plaintiffs/respondents and in their place, planted oil palm trees. The matter was reported to the Police and later the matter went to the Nsuaem Chief but when the defendant/appellant was invited, he refused to attend. Aggrieved by the behavior of the defendant/appellant, the plaintiffs/respondents caused a Writ of Summons to be issued against him claiming the following reliefs:- “a. A declaration of title to that pieces or parcels of land lying and si...