BOYE GYAMFI SUING FOR HIMSELF AND FOR THE AHENFI FAMILY OF YABRASO v. GYAWU JOSEPH OF NSAWKAW

The plaintiff herein as per his amended writ sought from this court and against

the defendant herein the following reliefs;

(a) Declaration of title to and recovery of possession of all that piece and parcel of

farmland lying, situate and being at a place commonly known and called “KOO

TIWAAKROM” near Attakrom on Nsawkaw stool lands and bounded by the

properties of Koo Tiwaa Road, Kwame Jacob, Opanin Yaw Kumah, and Opanin

Yaw Nkrumah respectively.

(b) General damages for trespass.

(c) An order for perpetual injunction restraining the defendant, his agent, assigns,

workmen, labourers, descendants etc. from entering, or interfering with the

plaintiff’s land.

The defendant pleaded not liable to the claims of the plaintiff after same were read

and explained to him in twi.

Having therefore considered the pleadings as filed by the parties herein, the following

issues were set down for trial;

(1) Whether or not the disputed farmland is the property of the plaintiff and his

Ahenfi family.

(2) Whether or not the plaintiff has trite to the said farmland.

(3) Whether or not the plaintiff is entitle to a recovery of the said land.

(4) Whether or not the defendant has committed any trespass onto the disputed land;

(5) Whether or not the plaintiff is entitle to any general damages for trespass.

(6) Whether or not an order of this court will lie for an injunction against the

defendant herein.

The plaintiff’s overall evidence led in prove of his (plaintiff) claims consisted of his

evidence in chief and the testimony of his sole witness.

In his evidence in-chief, plaintiff told the court he is Boye Gyamfi and that he is a

farmer and lives at Yabraso. That he knows the defendant who is also a farmer as well as

a driver and lives at Nsawkaw. Plaintiff said he knows the land in dispute which is at

Kootiwaakrom on Nsawkaw Stool lands and shares boundary with Kootiwaa Road,

Kwame Jacob, Opanin Yaw Kumah and Opanin Y aw Nkrumah respectively.

Plaintiff said the land was originally gifted to him by his uncle Mr. Kwabena Boakye.

That the said late Kwabena Boakye cultivated palm trees and food crops on the land.

After the death of Kwabena Boakye, plaintiff said he was appointed his successor

customarily and he (plaintiff) took immediate possession of the disputed land.

Plaintiff said he then left the land for 6years to fallow to enable him cultivate same

but after the 6years he (plaintiff) sold the land to one Mr. Jacob. Then when the said Mr.

Jac