KWAME ADUAH AND NANA APPIAH KUBI vs. OPANIN PAUL DOWUONA HAMMOND (CUSTOMARY SUCCESSOR OF THE LATE ASSUMANING AND AKWA OF AYOMSO)

AYEBI, JA 1. This is an appeal against the judgment of the Circuit Court, Goaso dated 14th September, 2012. At the trial court, the plaintiff/respondent after obtaining an order joining Nana Appiah Kubi of Ayomso as 2nd defendant, amended the writ of summons and statement of claim. Thereon he claimed against the defendants jointly and severally as follows: (a) A declaration that all that piece and parcel of land/cocoa farm at Nsuansa on Ayomso stool land and bounded by the properties of Opanin Kuma, Berefo, Osabotey, Acheampong, Kwadwo Nare, Omans and Ayi Kwasi is the plaintiff’s family property. (b) A declaration that the cocoa farm at Nsuansa on Ayomso stool land and bounded by the properties of Kwadwo Brefo, Akosua Manu and Kwadwo Kokroko was the personal property of Asumaning and following his death same should be shared according to the provisions of PNDC Law 111/85. (c) A declaration that any attempt by the co-defendant (2nd defendant) to lay adverse claim to the farm des.....