AKIM AKROSO STOOL AND OTHERS V. AKIM MANSO STOOL AND OTHERS

AMPIAH JA.

This appeal by the plaintiffs is from the decision of Twumasi J. in the High Court, Koforidua given on 24 June 1985. The plaintiffs in that action claimed for a declaration of title to a piece of land called Afotem or Essienkyeimu near Akim Manso and Akim Akroso. They also claimed for an order to deliver for cancellation a conveyance dated 6 April 1948 and registered as D.R. No. 763 48 between Nana Kweku Bamfo II of Akim Manso and others and Messrs Kweku Mensah and others on grounds of fraud and for recovery of possession of the land described in the said conveyance and an order of perpetual injunction against the defendants.

Though the plaintiffs conceded to the estoppel raised against them by reason of the various judgments pleaded, they contended that since the conveyance upon which the judgments had been obtained was fraudulent, the judgments themselves were vitiated by the fraud and should not be made to stand.

In the pleadings the following main issues arose for determi…