ADJEI v. ACQUAH AND OTHERS

JUDGMENT OF AIKINS J.S.C.

The plaintiff in this case, a head of the Kona family of Egyaa No. 1 near Anomabu, claimed against the defendants for a declaration of title to a parcel of land called "Apakye" near Ekurabadze, damages for trespass and an injunction. He obtained judgment at the trial court, but this judgment was set aside by the Court of Appeal. Aggrieved by the decision of the Court of Appeal the plaintiff has now appealed to this court.

Two grounds of appeal were filed, namely:

(a) By the accomplished or established facts the plaintiff’s version of the traditional history is the most probable and should be preferred to the defendants' version.

(b) The plaintiff’s possession of the land in dispute is acknowledged by the adjoining boundary owners who testified for the plaintiff.

[p.15]

The plaintiff’s case in the High Court centred on traditional history and evidence of adjoining owners. He claims that his ancestors, Yeboah and his sister Buawa of the Kona clan, emigrated from Akyim Achiase and settled at Egyaa No. 1. There they met one Anamuah and his brother Apprenkumah who made a grant of the disputed land to them. In appreciation of the grant, Yeboah and Buawa gave the sum of £8 2s to their benefactors and in addition gave Anamuah a woman by name Otubu Demi in marriage. The plaintiff further claims that the defendants are descendants from the issue of that marriage, but as they later refused to honour certain family obligations they were prevented from farming on the disputed Apakye land by the Kona family. This, they said, happened about the year 1900.

The defendants deny the claim of the plaintiffs and aver that their ancestors Nana Baisie Affuna and his sister Ama Eku emigrated from Techiman and founded Egyaa No. 1. They claim that Anamuah later went to Egyaa No. 1 and married the daughter of Ama Eku by name Adjoa Akowa and had one issue, Okuntu, who succeeded Nana Baisie Affuna. The defendants further contend that Okuntu founded Ekurabadze and that when Yeboah and his sister Buawa later arrived at Egyaa No. 1 he offered them a place at Ekurabadze known as Bawaado.

Apart from reliance on traditional evidence the plaintiff called adjoining owners of the disputed Apakye land to give evidence to support his claim, with the exception of Kobina Foh with whom he says he forms boundary in the west, and each of them or their representatives claimed to own land contiguous with that claimed by the plaintiff. The witnesses called were Kweku