NENE NARH MATTI & 2ORS. vs. OSEI GODWIN TEYE AND SAMUEL LAMM OYORTEY & 2 ORS. vs. OSEI GODWIN TEYE

JUDGMENT DOTSE, JSC:- The tenacity of purpose, with which the Defendant/Appellant/Appellant, hereafter referred to as Defendant, has pursued the appeal against the Plaintiffs/Respondents/Respondents in writs Nos I and 2 respectively in this court after his serial loss of the suits in both the High Court and the Court of Appeal despite the overwhelming evidence on record to the contrary, has led us to commence this judgment with what we call the “Basic Principles” stated by Nii Amaa Ollennu, a distinguished Jurist, author and statesman in his pioneering book entitled, “ Customary Land Law in Ghana” page 1 thereof, where the author states thus:- “The term land as understood in customary law has a wide application. It includes the land itself, i.e. the surface soil, it includes things on the soil which are enjoyed with it as being part of the land by nature, e.g. rivers, streams, lakes, lagoons, creeks, growing trees, like palm trees and dawadawa trees, or as being artific...