POKU-ACHEAMPONG, JA
This is an appeal against a judgment of the Kumasi High Court dated 26 July 2006 by the 3 and 4 Defendants/Appellants. For the purposes of this judgment and for reasons of convenience the Plaintiff/Respondent shall be referred to as “the Respondent” and the Defendants/Appellants as “the Appellants”.
The Respondent per a writ of summons filed on 11 May 1988 on his own behalf and on behalf of the Akyinakrom Stool claimed against the Appellants jointly and severally the following reliefs:
a. A declaration that the instrument executed between the Plaintiff and the 1 and 2 Defendants and dated 8/7/55 with 1-9-1965 as the commencement date is a Tenancy Agreement for four stores built on plot Number OTB 106, Kumasi and not a devise (sic) assigning 12 years and 30 days being the residue of the term of 50 years granted to Plaintiff by a head lease to the 1 and 2 Defendants.
b. A declaration that as between the Plaintiff’s stool and the Defendants, Plaintiff is better entitled …