OPPONG KOFI & ORS v. OPPONG KOFI & ORS

ARYEETEY, JSC:

In this judgment we would refer to the plaintiff/appellant/respondent as the plaintiff and the defendants/respondents/appellants as the defendants. The endorsement on the plaintiff’s writ of summons which was issued on 17th June 1996 in his claim against the defendants is for the following reliefs:

a) Declaration of title to all that piece and parcel of land situate, lying and being within Lower Axim Traditional Area in the Western Region of Ghana measuring 15 square miles and bounded on the North by the Main Axim-Takoradi Motor Road, on the South by the Agyambra Stool Lands, on the West by Domunli/Agyan and Akonu Stool Lands and on the East by Agyambra and Abura Stool Lands;

b) RECOVERY OF POSSESSION;

c) DAMAGES FOR TRESPASS;

d) PERPETUAL INJUNCTION against the defendants, their agents and/or servants, assigns and workmen etc. from interfering with the plaintiff and the Royal Nvaviley Family of Lower Axim and the stool’s possession occupation and enjoyment of the said land;

e) AN ORDER to set aside/or for the revocation of the Declaration Instrument dated 22nd August, 1984 and marked as SDI.924/84 made in favour of ADIA KPOLLEY (deceased) the predecessor of the 1st defendant and the then head of the Nvaviley Family of Ewoku for and on behalf of Ewoku Nvaviley Family of Ewoku in respect of the land described in paragraph (a) of the claim above. OR ALTERNATIVELY

f) A DECLARATION that the Declaratory Instrument dated 22nd August, 1984 and marked as SDI.924 made in favour of ADIA KPOLLEY (deceased) the predecessor of the 1st defendant and the then head of Nvavilley Family of Ewoku for and on behalf of Ewoku Nvavilley Family… in respect of the land described in paragraph (a) of the claim above is null and void and of no effect.

The plaintiff is Omanhene of the Lower Axim Traditional Area and belongs to the Royal Nvaviley Family of Lower Axim who are the owners of Lower Axim stool lands. The land in dispute forms part of Lower Axim Paramount Stool lands. The plaintiff sues for himself and on behalf of the Royal Nvaviley Stool family. In his pleadings he gives the background of his claim as follows: The ancestors of the defendants who belonged to the Royal Nvaviley Clan but were not immediate family members of the plaintiff’s Nvaviley Royal Family came from Abassie in the Ahanta area. The ancestors of the plaintiff by name Ebriku and King Kweku Kyina I granted permission to the ancestors of the defendants to farm on various portions of the