SOWAH J.A.: This is an appeal from the judgment of the High Court, Kumasi, in which the court dismissed the claim for a declaration of’ title to the two parcels of land described in the writ of summons. The plaintiff instituted his action in a representative capacity as the leader of a group of Ningo and Shai farmers who joined together to form a company or syndicate with the purpose of purchasing farm land. Some of the original members were dead at the time of the action; the plaintiff was the successor of his late father Kommey Teikutey, the leader of the original group. It is the usual practice of such groups on the death of a member, for his successor at law to be substituted as a member; it is in accordance with this practice that the plaintiff became the leader of the group following the death of his father.
The case of the syndicate was that members of the original group left their native Ningo and Shai towns and were prospecting for good farming land in Ashanti, when they were …