NANA AMPAA-ANDOH VIII (SUBSTITUTED BY ALBERT KOBINA KOOMSON) vs. PARAMOUNT STOOL OF BREMAN ESSIAM (SUBSTITUTED BY NANA EFUWA ESIWA II) KOBINA MENSAH (SUBSTITUTED BY NANA ATTA KWAW IV) NANA OGUAMON ATWERE II (SUBSTITUTED BY EBUSUAPANYIN KWAME DOM)(SUBSTITUTED BY NICHOLAS SAM) AND ENYAN DENYIRA STOOL, BREMAN ESSIAM STOOL AND EJUMAKO STOOL

JUDGMENT PWAMANG, JSC: This is an appeal against the judgment of the Court of Appeal sitting at Cape Coast dated 23rd February, 2016 which set aside the judgment of the High Court and ordered a retrial. The High Court gave judgment in favour of the defendants/respondents/appellants against the plaintiff/appellant/respondent and the co-defendant. In this judgment we shall refer to the parties by their descriptions in the trial court. A summary of the background of the case is as follows; In 1977, in Suit No LS 25/77 the plaintiff on behalf of himself and his family, the Nsona Family of Enyan Denkyira, caused to be issued a writ of summons against the defendants endorsed with a claim of declaration of title to land commonly called "ANAPAA land" situate at Enyan Denkyira in the Central Region and for damages for trespass. The plaintiff sued the defendants because they laid claim of ownership to the disputed land. The 1st defendant was sued through its occupant and 2nd defenda...