JUDGEMENT
QUASHIE-SAM J.
The plaintiffs-appellants (hereafter referred to as the plaintiffs) appeal against the judgment of the District Court Grade II, Suhum, in which they lost to the defendants-respondents (hereafter referred to as the defendants) on their claim for (a) declaration of title to land situate at Mankrong near Asuboi and defined as to its boundaries in the writ of summons, (b) recovery of possession, (c) damages for trespass (d) perpetual injunction and (e) account.
The appeal was heard and allowed on 17 January 1975 by my order, setting aside the judgment of the lower court dated 9 August 1973 together with its order for costs and awarding the plaintiffs ¢40.00 costs in this court, and reserving my reasons therefor. I now give the reasons for allowing the appeal.
The brief background of the judgment complained of is that on 23 November 1972 the plaintiffs opened their case in the lower court, the second plaintiff giving evidence for himself and on behalf of the first pla…