This is an appeal against the judgment of the Circuit Court, Cape Coast. The judgment which is dated the 31st January, 2008 was written by the late Justice Tom Bentil but read by His Honour Richard Asiedu –Badu. Hearing of this case commenced before the late A.A. Okofo- Darteh, then Circuit Judge at Cape Coast. The dispute in this case relate to the ownership of a parcel of land commonly described as’’ Odenteh Bosom’’ situate at Enyan Ebaasa.
The plaintiff/respondent who will be called the respondent in this appeal claimed that the land was acquired by his predecessor Kwesi Andoh who first cultivated the land as a virgin forest. The respondent who sued as the head of his family pleaded and testified that his family has been in possession of this land since the acquisition by Kwesi Andoh. The defendant/appellant herein to be called the appellant denied the claim by the respondent and counter-claimed for a declaration that the said land belonged to his family.
The appellant …