OLLENNU J.S.C.: The appellants, hereinafter referred to as the plaintiffs, sued in their capacity as heads and representatives of the Adorkor Agbeshie family of Dzelukope, Keta, claiming declaration of title to two pieces or parcels of land. The respondents, hereinafter called the defendants, defended the suit also in their representative capacity, that is on behalf of their family, the Titilili family.
The plaintiffs based their root of title upon their ancestor one Dzogbedor who they alleged was the founder of a large area of land called Vui lands, of which the two pieces in dispute are small portions. Dzogbedor they said, gratuitously gave a portion of the land he so founded to his brother Titilili the ancestor of the defendants, and laid a boundary between the portion he so gave and the portion he retained, Titilili’s portion being on the north, and his portion being on the south. According to them the portion given to Titilili, i.e. the northern portion, did not include the two pi…