AMA AKYERE (SUBSTITUTED BY TIMOTHY EDUFUL) (SUBSTITUTED BY SAMUEL OPPONG) v. KOJO KONIN a.k.a PAUL KOJO KWANING

This case has an unusual chequered history. The action was instituted on 19th

November, 1998 by the original plaintiff Ama Akyere per her lawful Attorney Timothy

Eduful, against the defendant. For various reasons, the case had been pending until

judgment is now being delivered. All parties in the case, including their counsel, and

even the Court itself, have to share in the blame for this chequered history.

Be that as it may the plaintiff who sued per her lawful attorney, by her amended writ of

summons filed on 24th October, 2017, claimed against the defendant the following

reliefs:

a. A declaration of title to all that piece or parcel of land situate, being and lying at Ntiako

and bounded by the farms of Kofi Ketu, Yaa Saara, Maame Komfo and Attadensu Forest,

Maame Tinagya and Yaw Esuah, the land currently being farmed by tenant farmers

Kwesi Kwarfo and Kobina Donkor.

b. A declaration of title to all that piece or parcel of land situate, being and lying at Ntiako

and bounded by the farms of Maame Tinagya, Kwabena Donkor, Kwesi Kwafo and

farmed by a tenant called Kofi Ketu.

c. An order of perpetual injunction restraining the Defendant and his agents, assigns, and

or servants and all those claiming through him from in any way dealing with or

interfering with plaintiff’s quiet enjoyment and possession of the lands described in

paragraphs (a) and (b) supra.

d. Costs

e. Any other relief(s) deem fit.

In her amended statement of claim, the plaintiff described the lands in dispute as

forming part of a large tract of land called Ntiako and, that the said large tract of land

was broken by her uncle called Bugyei several years ago with the properties of Kweku

Anne, Kweku Arhin, Maame Komfo, Maame Tinagya, Nana Asua Panin, Yaw Donkoh,

Yaa Sarah, Toku, Assin Edubease to Homaho Road and Attadensu Forest as

boundaries. The plaintiff stated that after the death of her uncle Bugyei, he was

succeeded in the following manner:- Kweku Frimpong, Kwame Aboagye @ Joshua

Aboagye and then herself. She said after the virgin forest was broken by the said

Bugyei, he cultivated cocoa plantation, but with time the cocoa died off. According to

the plaintiff during the reign of Kwame Aboagye, he re-cultivated cocoa plantation

and granted portions of the land to Kojo Anaafi and Abena Kyiaa, who are mother and

uncle of the defendant. The plaintiff further said Kwame Aboagye gave portions of the

said land to two tenant farmers such as Kobena Donkoh and Akwes