KWAKU KYAWU
V.
AKOSUA MANSAH, KWAME ASIEDU AND MR.OWUSU
JUDGMENT
SOWAH, (J.A.):
This appeal is from the judgment of the High Court, Koforidua dated 22nd July 2015, in which judgment was entered for the plaintiff whilst the counter-claim of the defendants were dismissed
Brief Facts
The defendants who are the appellants herein were sued as a sister and nephews of the late Kwaku Nnipa. The plaintiff’s case was that he had entered into a written agreement with the late Nnipa in January1981 whereupon Nnipa had “LEASED” his farm to him for a period of ten years for the sum of ¢1,400.00 with a further stipulation that the farm was to be divided into two equal parts with one part becoming the property of the plaintiff forever and the other half to revert to Nnipa. He said the defendants/appellants had rebuffed his attempts to have the farm shared and had trespassed onto portions of it. His writ of summons sought the following reliefs:
a. A declaration that upon a true and proper interpretation of the 1981 agreement, the plaintiff is entitled to own one…