ASARE EMMANUEL vs KWAO RICHARD & ANOR

On 24th February, 2022, the Plaintiff sued out of the Registry of the High Court, Sunyani a Writ of Summons against the 1st Defendant for the following reliefs:

a) A declaration of title to all that piece or parcel of land lying and situate at PONWAAKROM near Tanoso in the Tano North Municipality in the Ahafo Region and shares common boundaries with the lands of Op. Kwasi Yentumi now in the possession of Eric Osei Kofi, Op. Kwabena Nkran now in the possession of Esther Mensah, Mr. Tetteh Kekebi alias Obutu and the Odoriver;

b) Recovery of possession of the land described in relief (a) supra;

c) General Damages for trespass

d) Perpetual Injunction restraining the defendant, his assigns, agents, servants, successors and all such persons claiming through the defendant from ever interfering with the plaintiff’s possession, occupation and enjoyment of the land as described in relief (a) supra.

In the accompanying Statement of Claim, the Plaintiff described himself as a retired civilian employee of the Ghana Armed Forces and a farmer. He claimed ownership of the land described in his Relief A. He traced his ownership to his father Opanin Samuel Kwasi Anim who acquired same in 1948 from the then Bechem Akyeame Hemaa, Nana Akua Buor. His father possessed the land by cultivating cocoa and some food crops on it. During such possession, the Plaintiff claimed that he was born on the land, and growing up, he and his mother joined his father in cultivating the land. He pleads further that the land suffered a burn-out during the bush fires of 1983 and all the cocoa cultivated was lost. His father did not cultivate cocoa again, but cultivated food crops on the land, doing same till his demise in 2007. He avers that as son and customary successor of his late father, he inherited the land in issue. He continued cultivating the land with cocoa and palm trees, and later some cashew and coconut trees. This land, according to the Plaintiff has been trespassed by the 1st Defendant who began to plant coconut trees, intercropping the Plaintiff’s existing cultivation. Therefore, by his action, he sought the reliefs indorsed on his Writ of Summons.

On 8th March, 2022, the 1st Defendant entered appearance personally, and on the same date delivered a Statement of Defence. In it, he averred that he was a farm manager appointed by one Apostle Osei Wusu Brempong, who had obtained a grant of the land in dispute from the then Omanhene of Duayaw Nkwanta Traditional A