[2015]DLCA8292 • May 13, 2015 • Court of Appeal
EBUSUAPANYIN KWEKU ASEMA (SUBSTITUTED FOR EBUSUAPANYIN KWEKU EDUAFO (DECEASED) (PLAINTIFF/APPELLANT) vs. NANA AKWA (DEFENDANT/RESPONDENT) And. EBUSUAPANYIN KWEKU ASEMA SUBSTITUTED FOR EBUSUAPANYIN KWEKU EDUAFO (DECEASED) Vs. NANA ACQUAH (C0NS0LIDATED SUIT)
HONYENUGA, JA This is an appeal by the plaintiff/appellant (hereinafter called the appellant) against the judgment of the High Court Cape Coast dated the 9th day of June, 2008. The said judgment dismissed the action of the appellant and entered judgment for the defendant/respondent (hereinafter called the respondent) upon the reliefs claimed in his counterclaim save that of recovery of possession. Costs of Gh¢1,000.00 was awarded against the appellant. We must state that the appeal is a consolidated suit listed as Suits No. LS7/1994 and 8/1994 involving the same parties and two separate and distinct parcels of land. The facts of this appeal are that the parties claim a common ancestry to the first chief of Akwakrom, a farming village near Mankessim. According to oral history of the Fantes, all the Fantes migrated and settled at Mankessim from Techiman in the present Brong Ahafo Region. At Mankessim, they began to split up into various units. The section of Fantes known as Ekumf....