ASOMAH v. SERVORDZIE

JUDGMENT OF ARCHER J.A.

The appellant claimed against the respondent declaration of title to a cocoa farm at Nsuopriho on Dormaa stool land, ¢200 damages for trespass and perpetual injunction.

In support of his claim, he testified at the trial at the High Court, Sunyani, that in 1966, the then Odikro of Asikasu and Safohene of Dormaa-Ahenkro granted him 40 acres of land for farming purposes. One Nana Kojo Addo, the first plaintiff witness, demarcated the land for him and as consideration for the grant, he paid ¢140 to the Asikasuhene. Thereafter the appellant’s name was recorded in the books of the Dormaa State Council as a tenant of the stool. He has since cultivated nine seasonal farms consisting of cocoa, foodstuffs, i.e. cocoyam, cassava and plantain. After four years of cultivation, he was able to commence paying tribute to the Dormaa stool. He maintained that the land granted him was virgin forest and he employed labourers to clear the land and fell trees before planting his crops. He was in possession and actively worked on the farm from 1966 until 1974 when the respondent came to the farm and claimed the whole farm cultivated by him.

The respondent in his defence and counterclaim testified that before 1960, he was a preventive customs officer stationed at Dormaa-Ahenkro. In 1960, the preventive customs officers were absorbed into the Ghana Police Service and in 1964 he was transferred to take charge of Nkrankwanta Police Post. Before then, he knew Nana Oppong Kwabena, the Asikasuhene and also Nana Kwabena Yeboah, the then Ankobeahene. In that year, both the Asikasuhene and the Ankobeahene reported a case at the Nkrankwanta Police Post and, as a result of the report, the respondent made an arrest. While handling the case the respondent requested the two chiefs for land on which to farm. The two promised to consult the Dormaahene. Three days later, they returned to inform him that the Dormaahene had agreed to his request for land on which to farm. He presented them with four bottles beer and schnapps for libation. The next day, one Kwasi Anin was instructed by the two chiefs to show the respondent the land to be granted. Three days later Anin took him to the land and demarcated the land with one Addo’s farm, the Ayensu and the Asuopri streams as boundaries. After the demarcation, the respondent presented six bottles beer, one bottle schnapps and £G4.4s. which were accepted by the two chiefs confirming the grant. However, the two chiefs made it cle