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FINAL JUDGMENT
1 Background
Claiming to be principal member and elder of the Nyanya family of Lolobi-
Kumasi, and on grounds that there are presently issues surrounding the headship
of the Nyanya family following the demise of Herman Oye, the last family head,
Plaintiff commenced this suit as beneficial owner of the land in dispute for these
reliefs:
1 A declaration that [he] is the usufruct owner of the disputed land
and farm.
2 An order of perpetual injunction restraining the Defendants, their
privies, agents, grantees, workers or anyone claiming through them
from interfering with the subject land in any manner whatsoever.
3 An order for the recovery by the Plaintiffs from the defendants the
sum of Twenty Thousand Ghana Cedis (GH¢20,000.00) being special
damages for the items and commercial properties destroyed and or
taken away by the Defendants from the land.
4 Cost incidental to the suit …
2.0 Parties’ Statements of Case
2.1 Considering the core issue the court had set out for determination in this
suit, Plaintiff’s case that I deem relevant to sum up here is that the Nyanya family
of which he claims to be a principal member owns the subject matter Adzoa land;
same having been founded by his great ancestor Olator and handed down to the
current generation from a long genealogy, which I deem needless to recite here.
Plaintiff avers that Seidu, a migrant of northern descent came to settle with Agbovi
as a farm labourer; got married to the sister of Agbovi and has together with his
progenitors remained with the Agbovis, and that during Seidu’s sojourn in Lolobi,
his name was corrupted to Setu instead of Seidu who left descendants including
him and others, which once again I deem of no relevance to list here. Plaintiff
claims that the Nyanya family has various lands whose respective gates cultivate
to the exclusion of other gates within the family and that there are also some family
lands reserved as a common heritage for the entire Nyanya family.
Plaintiff claims further that his late father Henry Olator has from time immemorial
been cultivating portions of the wider family land now in dispute and that he, as
Plaintiff follows the footsteps of his deceased father Olator whose cash crops - oil
palm, cocoa, cola-nut - are still on the land, which he is in possession, use and
control, and has also given portions to tenants who have cultivated yam thereon
but Defendants have trespassed and threatened to take over, hence this action.
2.2