DJABANOR J.: This is an appeal from the decision of Kumasi West Local Court at Akropong. The facts have been stated by the local court magistrate in his judgment as follows:
“One Yaw Hemeng a stool grandson was requested by the stool family to occupy the stool till such time as a male member of the stool family comes of age. Hemeng occupied the stool and on his death his brother Kwaku Donkor, the first defendant, succeeded him. Kwaku Donkor was on the stool for about 20 years when he abdicated because he was blind. At the time, Niamoah’s family had had a male member who was old enough to occupy the stool and this is the plaintiff. The first defendant therefore handed over the stool to the plaintiff in the presence of the Asokwahene, the first witness to plaintiff who is the overlord of the Bomso Stool. During Hemeng’s occupancy of the stool, he cultivated two cocoa farms, one on Apagya stool land and another on Nwabi stool land. He also cultivated a number of farms on Bomso stool land,…