ABBAN J.S.C.: The appeal is from the judgment of the High Court, Sekondi, delivered on 14 January 1983. The respondent (hereinafter referred to as the plaintiff) sued one Opanyin Kwasi Asare (now deceased) for the recovery of possession of a coconut farm situated at Mpatase near Agona Junction in Sekondi District. While the appeal was pending, the said Kwasi Asare (hereinafter referred to as the defendant) died; and on the application of his customary successor, Joseph Kofi Amoah, the latter was substituted by this court on 30 May 1988.
The action was commenced against the defendant, Kwasi Asare (deceased) in his capacity as the customary successor of the late Nana Yaw Asamoah. It is therefore to be noted that Nana Yaw Asamoah (deceased) was the person with whom the plaintiff entered into the transaction involving the coconut farm, and the nature of that transaction was the subject matter of the dispute before the High Court, Sekondi.
The plaintiff claimed that the coconut farm in quest…