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JUDGMENT
JUDGMENT
This judgment originates from the civil suit filed by the Plaintiff against the defendant as
required by the District Court Rules, 2009, CI 59 Order 2 rule 3 (6) for the following
reliefs:-
1. Declaration of title and ownership and recovery of possession of all that piece or
parcel of land situate and being at Poase Cement and bounded as follows:
On one side by C.M.B I
On the second side by Global Church, Poase Cement.
On the third side by Kadjebi –Nkwanta Main road, and on the last side by CM.B 2
which land was gifted to Plaintiff’s father Gilbert Yao Afenya by the then
paramount chief of Dodi Traditional Area, Nana Kwasi Nyarko I in the year 1941,
and the necessary rites were performed.
2. Perpetual injunction restraining the Defendant, her workers, agents or any close
relations of the Defendant from doing anything with the land until the final
determination of this action.
3. Cost.
SUMMARY OF THE SUBJECT MATTER OF CLAIM
Plaintiff is a farmer resident at Poase Cement whilst the Defendant is a trader staying at
Koto Nkwanta. Plaintiff brings this action against the Defendant for and on behalf of his
other siblings of Peki Wudome. Plaintiff states that before the death of their father
(Gilbert Yao Afenya) he acquired a piece or parcel of land from the then paramount chief
of Dodi Papase Traditional Area, (Nana Kwasi Nyarko I) by means of gift. Plaintiff avers
that after the said transaction, Plaintiff’s father provided one ram and drinks to
acknowledge receipt of the gift of the said land to him (Plaintiff’s father).
After that he (plaintiff’s father) went into peaceful possession of same until his death in
the year 1992, when he (Plaintiff) and his siblings customarily succeeded him (their
father) and one of them (i.e. Plaintiff’s siblings) has put up a building on a portion of their
father’s land. About twelve (12) years ago, the defendant entered the land and the
Plaintiff drove her away. In January; 2021, the defendant again encroached on a portion
of Plaintiff’s land and had heaped sand on same, and is seriously getting ready to start a
building project on the Plaintiff’s land. Wherefore the Plaintiff claims as per the
endorsement on his writ of summons.
The Plaintiff filed a motion on notice with an accompanying affidavit for interim
injunction on the subject matter before the court. The motion was however not moved
by the Plaintiff. But, the court injuncted all the parties from doing anything on the now