ABBAN J.A.
The land in dispute is situated at Tantri Road, Cape Coast. It formed part of a larger area bought by one Kwamina Prah (deceased). Kwamina Prah built a house on a portion of the said land. It is the undeveloped portion which has been the subject-matter of the present dispute. The learned trial circuit judge, Cape Coast, in a considered judgment found that Kwamina Prah died intestate and was survived by only two uterine brothers - Kojo Ackun and Kweku Dwenin. The late Kwamina Prah left no mother and no sister or maternal nephews or nieces. As a matter of fact it was found that on the death of Prah only these two uterine brothers, Ackun and Dwenin constituted members of Prah’s immediate Twidan family.
Kojo Ackun who was the senior of the two brothers was appointed Prah’s customary successor and he took charge and control of the house and the land in dispute. During his lifetime, Kojo Ackun as a successor and with the consent and concurrence of his only brother, Dwenin, sold the…