The facts of this case are in a small compass. It is unnecessary to go over the history of this action in its entirety. The only matter for the decision of this court is the appeal before it. The appeal is against the allowance of the co-defendant’s counterclaim by the court of Appeal, thereby reversing its dismissal by the trial High Court.
The co-defendant John Kwesi Wilson had counterclaimed as stated at p.289 of the record of appeal as follows:
“a. A declaration that the Co-defendant is the head of the Pitsir Kwaata Anona family of Upper Inchaban.
b. Perpetual Injunction restraining the Plaintiff from acting or holding himself out as the head of the Pitsir Kwaata Anona family of Upper Inchaben.
The grounds of appeal as per the notice of appeal are as follows:
“a) That the judgement is against the weight of evidence.
b) That the Learned Justices of the Court of Appeal erred by holding that the Co-Defendant was the Head of the Pitsir Kwaata Anona Family of Inchaban …