KWADWO AZIE vs. HARRISON ODENKE ADDO AND EMMANUEL N. Y. TACKIE-YARBOI

MARFUL- SAU, JA:- The fundamental issue raised in this appeal is whether or not the Appellant’s father was gifted the land the subject matter of the dispute by Ga Mantse, Nii Tackie Tawiah I in or about the year 1870. The appellant’s case which was rejected by the trial court as not proved, was that the land in dispute situate at Kpobiman was gifted to his late father Kofi Azie. According to the appellant his father who was a herbalist healed Ga Mantse, Nii Tackie Tawiah I of a disease and as an appreciation he was gifted the land in dispute. The appellant contended that after the death of Kofi Azie his son Vodo Azie was appointed head of family and it was during his reign that the 1st respondent’s mother called Prophetess Maa was granted a parcel of land to build on. In 2003 the appellant who succeeded Vodo Azie as head of family noticed that the 1st respondent was alienating land belonging to the Kofi Azie family hence this action. The 1st respondent on the other hand co...