ATUGUBA, J.S.C.
The substantially common facts of this consolidated appeal are briefly that the Appellants are both retired army officers. Whilst attached to the Castle in the 1980s while still in active military service they procured through the then Chief of Staff the 3 disputed plots of land, noted for them, from the Lands Department. These plots formed part of land vested in the Government of Ghana. They were swampy areas and they were made to understand that unless they developed them significantly, leases would not be granted to them. They did so by expending considerable sums of money filling up these plots and in the case of Mac Dorbi, constructing the foundation of a building and a sceptic tank.
In the course of events the 1st respondent professing to be a grantee of these same lands, of Nii Kotey III of La, entered upon them and discovered the developments of Mac Dorbi, whose workman Bartholomew, known as Bato for short, informed him that he held Mac Dorbi’s plots as joint own…