AMA GYAMFUA v. AKWASI NKANSAH, EMMANUEL OTENG BOAFO AND THOMAS OTENG BOAFO

The plaintiff filed her case seeking three reliefs jointly and severally against the defendants.

1. A declaration of title to all that piece or parcel of land at a place commonly called “Onyina

Kwakuaso” within the Assin Atobiase geographical area sharing boundaries with the

properties of Akua Brakoa, Akwasi Kodu, Osofo Antwi and Adwoa Nkrumah.

2. Recovery of possession.

3. GH₵53,000.00 general damages being assorted cost of plaintiff’s uncompleted six bedroom

flat on the said land which the defendants have pulled down without the consent of the

plaintiff.

When the case was called on 31st January, 2023, the plaintiff was present. But the defendants

were all absent. The proof of service showed that only the third defendant was served. A

hearing notice was issued for service on the third defendant.

After three unsuccessful attempts to serve the first and second defendants the bailiff applied for

substituted service. The court granted the application. In line with order 4 r 5 (c) of the District

Court Rules C1. 59 the court’s order was that the writs and hearing notice be posted at the last

known places of abode of the defendants, the notice board of the chief’s palace of Atobiase and

the court’s notice board. This was to last for twenty one days before the next date. An affidavit

of posting was accordingly filed. But defendants failed to come to court.

The plaintiff’s case commenced on 14th March, 2023 where the plaintiff gave evidence. The

plaintiff told the court that she and the defendants come from the Aduana family of Assin

Atobiase.

And that about seven years ago, the plaintiff’s husband contacted the plaintiff’s uncle for a

piece of land. The said Uncle Akwasi Addae gave the disputed land to the plaintiff and the

husband. That the land shares boundaries with Akwasi Kwadu, Akua Brakoa, Osofo Antwi

and Adwoa Nkrumah. And that Osofo Antwi and Adwoa Nkrumah are alive but the other

boundary owners are deceased. According to the plaintiff, the land is located at Oyina

Kwakuso and measures 100 x 100 feet. In addition, the plaintiff stated that Kwame Essuman

(deceased), Kwaku Boateng, Kontehene of Assin Atobiase and Akwasi Amoanu were present

when the plaintiff’s uncle gave the land to the plaintiff and her husband. Again, the plaintiff

stated that as a family member she gave drinks to symbolize acceptance of the grant of the land

to them.

The defendants were given the opportunity to be heard. The third defendant was served wi