MILLS-ODOI J.S.C.
This is an appeal from the judgment of the High Court, Ho, dated 6 June 1961 in exercise of its jurisdiction as an appellate court from the judgment of the South Anlo Local Court A. The High Court allowed the appeal, and set aside the judgment of the local court which had given judgment for the plaintiffs who are now the appellants before this court.
It is the case for the plaintiffs that by a judgment of the Anlo Native Court A delivered on 24 August 1959, in an action brought by them against one Kwashie Bohlibo Akpalu, the first plaintiff was declared head, and the second and third plaintiffs were also declared principal members of the Agbeve family of Anloga and Woe and that it was in pursuance of that judgment and in their respective capacities that this action was brought against the defendant in the South Anlo Local Court A claiming:
“(a) recovery of possession of a portion of Bawe land;
(b) an order upon the defendant, his agents, servants and labourers to vacate…