NANA ASUMADU II (DECEASED) (SUBST’D BY NANA DARKO AMPEM (DECEASED)(SUBST’D BY EBUSUAPANYIN AMGO MENSAH) SUING FOR AND ON BEHALF OF THE ASONA ROYAL FAMILY OF DIASO OVERALL EBUSUAPANYIN NANA DANYI QUARM IV (DECEASED) (SUBST’D BY SAMUEL EKOBO ACQUAYE) (PLAINTIFFS/ RESPONDENTS) vs. AGYA AMEYEW II DIASO VIA DUNKWA-ON-OFFIN

On the 26th day of November 2015, we delivered judgment in this appeal. Save the reasons. We therefore proceed to give the reasons. This is an appeal by the defendant/appellant (hereinafter called the defendant) against the judgment of the High Court, Cape Coast dated the 28th day of February, 2013. The said court entered judgment for the plaintiffs/respondents (hereinafter called the plaintiffs) and dismissed the counterclaim of the defendants. The facts of this appeal were that the plaintiffs claiming to be the Odikro and the overall head of the Asona Royal Stool of Diaso who were the custodians of the Diaso land and rivers therefore had been in its exclusive control and management of the said land. The plaintiffs had exercised various overt acts over the land. Sometime in the year 2001, the defendant obtained a default judgment against the plaintiffs for declaration of title, Recovery of possession and perpetual injunction. The plaintiffs did not set aside that judgment bu...