JUDGEMENT OF SOWAH J.A.
This is an appeal from the judgment of her honour Miss Gaisie, circuit court judge, in which she delivered judgment dismissing the claim of the appellants. The parties will simply be referred to as the plaintiffs and the defendant.
The facts of this case are not much in dispute and they are as follows:
The plaintiffs had been on the land in dispute for which they sought a declaration of title and other reliefs for a period of well over eight decades. Their case was that their grand-uncle purchased this piece of land from a Mr. Osilbo about 1890 and immediately entered into possession and in addition to the palm trees already on the land planted thereon foodstuffs and cocoa. He died about 30 years ago leaving his estate to his successors at law who continued in possession until about three to four years ago when the defendant who was an adjoining landowner started breaking and entering upon the land by plucking cocoa planted by the appellants. After an unsuccessful…