IN THE CONSOLIDATED SUITS OF AKONA FAMILY OF KWAHINKROM (PER EBUSUAPANYIN KWAMINA ACKON SUBST. BY OPANYIN KWESI ESSUON) vs. MAJOR (RTD.) KORSAH And EBUSUAPAYIN KWAW ESSUON (SUBST. BY KWAW ARHIN) vs. EBUSUAPAYIN KWAMINA ACKON (SUBST. BY OPANYIN KWESI ESSOUN)

JUDGMENT TORKORNOO (MRS.) JSC: - The appeal before us has arisen from two cases that were consolidated and tried together. The first case was commenced on 20th December 2010 and numbered E1/22/11. In this first suit, the Akona family of Kwahinkrom acting by Ebusuapayin Kwamina Ackon, who was later substituted by Kwesi Essuon (Plaintiff/Appellant/Respondent to this appeal and hereafter referred to as Respondent) sued a man called Major (Rtd) Korsah (Defendant/Respondent/Appellant, herein referred to as 1st Appellant). His claims were for: i. Special and General Damages against the defendant for winning literite on part of the Abrobeano lands, which belongs to the plaintiff’s family without any lawful authority. ii. Perpetual Injunction restraining the defendant, his agents, assigns and all who claim through the defendant from interfering with the plaintiff family’s ownership and possession of the Abrobeano lands which is bounded by the stool lands of Dominase stool, Aburansa s...