JUDGMENT
KUSI-APPIAH, J.A.
This is an appeal against the judgment of the High Court, Accra, dated 24 February, 2004. The facts giving rise to this action are very simple. The defendant in this action claimed to have purchased a 30 acre land at Aboasa Medie from Abusuapanyin Boye Okai, the first defendant at the trial court. According to the defendant, he acquired valid title to the land from Abusuapanyin Boye Okai who was held out by the plaintiffs family as their Head. He averred that the land was sold to him with the knowledge, consent and concurrence of the plaintiff’s family as the money was used to rehabilitate their family house at Ofankor.
The plaintiff, on the other hand contended that, in 1992 he and the principal members of the family learnt of the sale of their family land by the first defendant to the second defendant (the defendant herein).
He claimed that since Abusuapanyin Boye Okai had no capacity to transfer title in the land to the defendant herein, he summoned him befor…