DURO AND ANOTHER V. ANANE

ABBAN J.S.C.: On 31 January 1986, judgment was delivered in favour of the respondent by the Circuit Court, Kumasi. The respondent had sued the appellants for a declaration of title to a piece of land. He had also sought an order for perpetual injunction restraining the appellants from entering the disputed land.

The land in question was a portion of the stool land of Trede in Ashanti. It was at a place commonly known and called Afra Nkwanta. The respondent (hereinafter called the plaintiff) had boundaries with the lands of the Krontihene, akwamuhene, mpatasehene and pekyihene all of Trede. The plaintiff was not only the head of his family but also the twafohene of Trede.

According to the plaintiff, his ancestors acquired the land, above described, as a virgin forest from the stool of Trede and reduced the same into their possession. At a later date when the land had become secondary forest, the ancestors of the appellants (hereinafter referred to as the defendants) arrived from Denkyira…