JUDGMENT
HONYENUGA, JA
The High Court, Accra, entered judgment for the Plaintiff/Respondent on the 28th day of April, 2004, but dismissed the Defendants/Appellants’ counterclaim.
Aggrieved by the decision of the High Court, the defendants have filed an appeal to this Court on the 5th day of May, 2004, based on the following grounds:-
“(i) The judgment is against the weight of evidence.
(ii) The learned Judge erred in not considering evidence of family history led by the defendant”.
No additional grounds were filed.
In this appeal, the Plaintiff/Respondent will be simply referred to as the Plaintiff and the Defendants/Appellants as the Defendants.
The facts serving as the background to this appeal were that the plaintiff’s ancestor known and called Kojo Ashong acquired by settlement the lands known as “Kojo Ashong Lands”. Kojo Ashong also allowed strangers to farm on the land. Kojo Ashong married a Ga woman who brought a stepson called “Attuquaye” to live with them. During his old age and befo…