EDWARD WIREDU J.A: The parties to this appeal are members of the Adaati family of Takyiman in the Brong-Ahafo Region. The family owns a stool the occupant of which is the linguist to the Takyimanhene. The respondent to this appeal is the present occupant of the Adaati family stool, having succeeded thereto on the death of one Kwaku Twi a member of the family. The name of Kwaku Twi appears prominently in this case and the central core of this appeal revolves around his activities in relation to the disputed house during his lifetime. The defendant-appellant (hereinafter referred to as the defendant) claims to be the head of family. His capacity in this regard was challenged by the plaintiff-respondent (hereinafter referred to as the plaintiff) but the trial court found that he had been performing most of the duties of a head of family and styled him as acting head of family. The co-defendant-appellant (hereinafter referred to as the co-defendant) is an ordinary member of the family.
The…