BANAHENE V. ADINKRA AND OTHERS

ANIN J.A.

This is the second appeal in a succession suit originally heard and determined in favour of the plaintiff-appellant herein (called in this judgment simply the plaintiff) by the district magistrate grade II sitting in the Akim Oda District Court Grade II on 24 May 1972. The defendants-respondents herein (referred to in this judgment simply as the defendants) were successful in their appeal before the Cape Coast High Court, which reversed the trial magistrate’s decision and dismissed the plaintiff’s claim. It is from this judgment of the Cape Coast High court dated 30 July 1973 that the plaintiff has now appealed to this court.

The plaintiff, suing as customary successor to the late Kwadwo Asante of Ayirebi, claimed against the defendants jointly and severally an order of declaration of title to, and recovery of possession of, three specified farms alleged to be the properties of his late uncle Kwadwo Asante whom he had succeeded. Even though the parties were represented by lea…