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JUDGMENT
JUDGEMENT
This judgment is the outcome of a civil action taken against the Defendants by the
Plaintiff in fulfillment of the District Court Rules 2009,C.I 59,Order 2 rules 3 (6) for
the reliefs below;
1. Declaration of title and ownership of all that piece or parcel farmland situate,
lying and being at a place commonly known and called Kordibenu and
bounded
on one side by Aniwa,
on another side by Bona,
on the third side by Kofi Nyarko and
on the fourth/last side by Akpemado.
2. An order for perpetual injunction restraining the Defendants, their agents or
labourers from entering the disputed land until the final determination of this
action.
3. Cost
SUMMARY OF SUBJECT MATTER OF CLAIM
Plaintiff is a farmer resident at Okadjakrom and bring this action against the
Defendants jointly and severally for and on behalf of his other siblings from
Okadjakrom. The first Defendant (D1) is a retired police officer living at Okadjakrom
whiles second Defendant (D2) is a farmer living at Djindjin. Plaintiff avers that
his/their grandfathers were warriors and during the war between the Buem and the
Ashantis in the year 1892, the Ashantis were driven away to their current place of
abode by the Buems. Plaintiff states that their land stretches from Jasikan to
Akporsor and share boundary with the people from Akporsor in the Republic of
Togo. Plaintiff avers that after driving away of the Ashantis, the Paramount Chief of
Buem Traditional Area, Torgbi Akpandja, requested all the natives of Buem to
cultivate the land they have driven away the Ashantis from.
Plaintiff further states that his father, Kwame Owusu, was also among those who
cultivated the said land. Plaintiff states that his father cultivated cocoa farm on a
portion of the said land and bounded on one side by Aniwa, on another side by
Bona, on the third side by Kofi Nyarko, and on the last side by Akpemado.
Plaintiff contends that they were in peaceful possession of the said cocoa farm until
the demise to his father and the Plaintiff and his siblings are now in possession of the
said cocoa farm. Plaintiff continues that, he had travelled to Accra, and on his return,
he was informed that the first Defendant had pledged the said cocoa farm to the
second Defendant (D2). He added that he and his siblings summoned the first
Defendant before Nana Owusu Sekyere, but the first Defendant (D1) said, he had
already sent the matter to the Chief of Okadjakrom hence he was not ready to atten