DJABANOR J.: Upon the death intestate of the late Kwabena Mensah Kojo Gyamfi the first defendant non-appellant became his successor and he thus succeeded to the farm in dispute. He made a gift of the said farm to the second defendant—Kwaku Tergy. Five years later the plaintiff- respondent brought this action to recover the said farm on the ground that the first defendant gifted it without the prior consent of the members of the family. The plaintiff-respondent sued for and on behalf of the other members of the family.
The issue before the trial local court was whether or not the said gift was made with the prior knowledge and consent of the family. If not, the gift should be set aside as invalid. In support of the plaintiff-respondent’s case that the gift was without their consent he gave evidence and called another member of the family, Kwasi Afriyie. The first defendant’s evidence was in support of the plaintiff-respondent’s claim that the family did not consent before he made the gi…