AFFRAM AND OTHERS V. DIDIYE III; TWUM II V. DIDIYE III (CONSOLIDATED)

BENIN JA

I must start off by saying that these two cases were consolidated here on appeal just to facilitate the hearing since it became clear that the issues, both factual and legal, were almost the same in both appeals. Hence only one statement of case was filed by either counsel in both appeals, so that whatever analysis that may be done will apply to both appeals; but we will not hesitate to make separate orders should that become necessary.

The facts giving rise to these actions were not in much disputes. For about a hundred and fifty years the plaintiff-respondent (hereinafter called the plaintiff) and his people, both past and present, have been licencees to the stool of Burukuruwa (hereinafter referred to as the stool) in the Kwahu area of the Afram plains, in respect of a large stretch of land. Sometime in the year 1990, the plaintiff and his people claimed to have discovered a document which showed in clear language that the very land, and even more, in respect of which they w…