ARABA MARGARET v. OPANIN FRANCIS KYEAME NANTWI

The plaintiff instituted this action against the defendant claiming the following

reliefs;

(a) Declaration of title to and recovery of possession of all that piece and parcel of

farmland lying, situate and being at a place commonly known and called

“DWUMAA NKWADUM” or “AGYA AKROWUA NKWADUM” near

Tromeso on Wenchi Stool lands, and bounded by the properties of late Papa

Akrowua, Assemblies of God Church, Maame Pokua and the main road from

Wenchi to Tromeso.

(b) General damages for trespass and

(c) An order for perpetual injunction restraining the defendant, his assigns,

workmen descendants and all those who claim from the defendant, from

entering the said farmland.

The defendant pleaded not liable to the claims after same were read and explained

to him (defendant) in twi.

This court after having examined the pleadings filed by the parties set down the

following issues for trial;

(1) Whether or not the disputed farmland is the property of the plaintiff herein;

(2) Whether or not the plaintiff has any title to the said land.

(3) Whether or not defendant trespassed onto the said land;

(4) Whether or not plaintiff is entitle to a recovery of the disputed farmland.

(5) Whether or not plaintiff is entitle to any general damages for trespass onto the

farmland.

(6) Whether or not an order will lie for injunction.

In her evidence in-chief the plaintiff told the court she is Araba Margaret and that

she lives at Tromeso and is a farmer. Plaintiff said the disputed land was first cultivated

by her late maternal grandmother called Aberewaa Dwumaa. That the disputed land is

situate and located at a place commonly known and called Dwumwaa Nkwandum but

that others call the place Agya Krowua Nkwadum on Wenchi Stool lands and bounded

by the properties of Papa Akrowua, Assemblies of God Church, Maame Pokuaa and the

main Wenchi to Tromeso road. That the land was named Dwumaa Nkwadum or Agya

Akrowua Nkwadum because her (plaintiff) late grandmother and Papa Akrowua both

planted bananas as their boundary features and now the said bananas have grown to

cover almost all the land. Plaintiff said as the customary successor to her grandmother,

the land was bequeathed to her and her siblings they could not cultivate the land because

it has come so close to the Tromeso towship and therefore goats and sheep disturbed and

destroyed the crops always.

That because of the disturbances from the animals, the land was left to fallow and

there the defendant tr