JUDGMENT
MENSAH-HOMIAH (MRS.) J.
The Plaintiff commenced the instant action in his capacity as the Head of family of the immediate (maternal) family of the defendants, for and behalf of the principal elders of the family. By the endorsement on his amended writ of summons filed on 13/02/2014, he claimed 1/3 of the sum of GH¢40,000 and 1/3 of the sum of GH¢20,000.00 paid to the Defendants for the disturbance of surface rights in respect of family land occupied by the Defendants.
The Plaintiff’s case as contained in the amended statement of claim is that the land in issue formed part of land which devolved according to customary law to the parties’ maternal family following the death of one Opanin Kwaku Bonsu who originally cultivated the land. The land has been under the control of various heads of family. A decision was taken at a family meeting to the effect that family members in actual occupation will receive 2/3 of any compensation paid in respect of the land whilst 1/3 of the compens…