OWUSU-ANSAH, J.A.
This is an appeal from the judgment of His Honour F. Bright Mensah, Circuit Judge, sitting at Kumasi Circuit Court on the 29th day of July, 2004. What may appear to be a complex issue is indeed rather simple.
The basic issue for determination in this appeal, in my view is whether or not the land in dispute is the 1st Defendants family land. If it is or has at all material times been family property, then no one but the family could validly grant it to anybody else.
On the 1st February 1996 the Plaintiff caused his Solicitor Dei Kwarteng to issue out a Writ of Summons against Kwaadwo Manu claiming the following reliefs:-
"[i] Declaration of title to all the 50 building plots bounded by SISIRASI Land, Atakyem land, and Kwaku Dua's Oil palm plantation.
[ii] Special damages
[iii] General damages for trespass;
[iv] An order of Perpetual Injunction restraining the defendant, his servants and/or agents from in any way whatsoever interfering with the property in dispute.
[v] An…