OSEI-HWERE J.A.
The history of this appeal is a paradox. It is the story of the victor-vanquished. It must be re-told briefly to appreciate the appeal. The defendant-respondents (hereinafter referred to as the defendants) are the widow and children of the late Kwaku Adu Asare. The plaintiff-appellant (described as the plaintiff hereinafter) is the brother of the deceased and claims to be the head of the family to which he belonged. In his lifetime Kwaku Adu Asare wrote his will in which he purported to give away certain properties to the defendants. When the plaintiff came by this knowledge he sued Kwaku Adu Asare for a declaration of title on behalf of the family. That suit was No LC 46/75.
The matter came before Jones-Mensah J. who, on account of the advanced years of Kwaku Adu Asare, allowed him to give evidence first. He died before the trial was concluded and the plaintiff applied and was granted leave to substitute his successor as the defendant. When the trial was resumed the su…