HER WORSHIP MAGDALENE THOMPSON v. ADWOA BIAA

JUDGEMENT

Plaintiff claims for the following reliefs as amended

(a) A declaration of title and ownership of all that farm land situate at a place

commonly known and called “KWAEMU” on Akrodie stool land and bounded

by the respective farms of late Maame Kyiewaa (defendant’s mother),

Sarkodie, Opanin Akwasi Mensah, and Maame Ama Nsiah which said land

defendant has trespassed unto same without the knowledge of the plaintiff.

(b) Recovery of possession

(c) An order of the Honourable court to compel the defendant to account for the

proceeds of maize which defendant unlawfully harvested

(d) General damages for Trespass

(e) Perpetual injunction to restrain the defendant her agents, servant, assigns etc.

from dealing with the said farm until the final determination of the suit.

(f) Costs

The Defendant denied liability of all the Plaintiff’s claim and stated that she had a

reasonable defence.

EVIDENCE BY THE PLAINTIFF

This is a civil case filed by the Plaintiff on the 9th November, 2021 against the Defendant

herein claiming that she has trespassed unto a fallow land that belongs to his mother’s

farmland. According to the Plaintiff the said disputed land was acquired by his

grandfather Opain Tweneboah and after his death his children became possession of the

said disputed land of which his mother is one of the children. He contended that the

mother’s portion of the land shared common boundary with the Defendant’s mother

Maame Kyeiwaa and the features were Koto, Akata, Tweneboa Kumanin and Onyina

trees and during his mother’s life time he was cultivating with her on the disputed land

and so he knows the boundary features very well.

His case was that during the lifetime of the Defendant’s mother she cultivated all her

farmland into cocoa and thereby trespassed unto the Plaintiff’s mother’s land and his

mother disallowed the Defendant’s mother. He contended that this made the

Defendant’s mother to summon his mother before the elders at Akrodie palace and after

the proceedings the Defendant’s mother was found liable. He further contended that

after the litigation his mother granted the disputed portion to one Amoayaw to cultivate

food crops for his own and cultivate cocoa for his mother and the remaining land he

cultivated vegetables and this took place during the lifetime of the Defendant’s mother

of which she did not say anything neither did she disagree to the grant. According to the Plaintiff after the death of the Defendant’s mothe