JUDGMENT
KULENDI JSC:-
INTRODUCTION:
The appeal was initiated by the Plaintiff/Respondent/Appellant through the filing of a notice of appeal dated 11 January, 2021, seeking to overturn the judgment of the Court of Appeal dated the 4 of November, 2020, coram: SOWAH (MRS), SUURBAAREH, MENSAH-HOMIAH (MRS) JJA. For ease of reference, the parties to this appeal shall be referred to by their original designations before the Trial Court.
BACKGROUND:
On the 13th of March, 2007, the Plaintiff suing for himself and the Abetifi stool of Kwahu, in his capacity as Abetifihene commenced the suit against the 1st Defendant before the High Court, Koforidua. The thrust of his case was that Abetifi lands are stool lands over which he, as chief, exercises custodianship for and in trust for his subjects.
According to the Plaintiff, sometime in 2006, he observed that agents of the 1st Defendant were erecting a communication mast on a portion of his stool land without the consent of the stool. According to th…