AIKINS J.S.C.: The plaintiff in this case, a head of the Kona family of Egyaa No. 1 near Anomabu, claimed against the defendants for a declaration of title to a parcel of land called “Apakye” near Ekurabadze, damages for trespass and an injunction. He obtained judgment at the trial court, but this judgment was set aside by the Court of Appeal. Aggrieved by the decision of the Court of Appeal the plaintiff has now appealed to this court.
Two grounds of appeal were filed, namely:
(a). By the accomplished or established facts the plaintiff’s version of the traditional history is the most probable and should be preferred to the defendants’ version.
(b). The plaintiff’s possession of the land in dispute is acknowledged by the adjoining boundary owners who testified for the plaintiff.
The plaintiff’s case in the High Court centred on traditional history and evidence of adjoining owners. He claims that his ancestors, Yeboah and his sister Buawa of the Kona clan, emigrated from Akyim Achiase and …