JUDGMENT
MARFUL-SAU, JA:- This appeal is against the judgment of the High Court , Fast Track Division dated the 25th January 2012. In the said judgment the action by the plaintiff who is the appellant herein was dismissed and the 3rd defendant who is the respondent in this appeal was ordered to attorn tenancy to the Lands Commission, the owners of the land in dispute as found by the trial court. The facts of the case as gathered from the appeal record is simply that the appellant acquired the land in dispute from the Osu Stool, while the respondent also acquired the same land from the 1st and 2nd defendants both of whom did not contest the action as the trial was a contest between the appellant as plaintiff and the respondent as the 3rd defendant. Evidence on record revealed that both parties developed portions of the land in dispute at different times.
The appellant took possession of the land in 2003, erected structures on the land and put in a caretaker who was ousted from the land b…