COMFORT AMA SERWAA v. OPANIN KWADWO DONKOR & JAMES KOFI ASAMOAH

ADUAMA OSEI JA:

This is an appeal against a judgment of the Circuit Court, Kumasi, dated the 11th of September, 2012, in which the trial Court dismissed the claim of the Plaintiff/Appellant for declaration of title to land, damages for trespass, and perpetual injunction, and entered judgment for the 2nd Defendant/Respondent on his counterclaim. The judgment of the trial Court is found at page 254 to page 261 of the Appeal Record, and the Notice of Appeal is at pages 263 and 264 of the same Record.

In this judgment, the Plaintiff/Appellant is referred to as “the Plaintiff”, and the Defendants/Respondents are referred to as “the Defendants”.

The writ of summons that commenced the suit was filed in the Circuit Court, Kumasi, on the 23rd of June, 1995. The writ and its accompanying statement of claim were subsequently amended and, as indorsed on the amended writ, the Plaintiff per her Lawful Attorneys claimed for a declaration of title “to all that piece or parcel of land known as No. 6, 6th Crescent Section 3, Atasomanso, Kumasi”. She also sought damages for trespass and perpetual injunction in respect of the said land.

To justify her claims, the Plaintiff asserted ownership of Plot No. 6, 6th Crescent No. 3, Atasomanso in Kumasi in her statement of claim as amended. She stated that she acquired the said plot of land from the Chief of Atasomanso and that she was issued with an allocation note by the Chief on 21st May, 1983, following which she took possession of the plot. The Plaintiff alleged that she took the allocation note to the Asantehene’s Secretariat for processing on 26th May, 1983 and the same was signed by the Asantehene’s Laison Officer with reference number 35925. The processed document, according to the Plaintiff, was referred to the Lands Commission, Kumasi, and a file was opened for her with reference number 535925/3 of 15th May, 1986. Subsequently, a lease was executed in her favour by the Atasomansohene, Nana Owusu Barima II, with the Asantehene Otumfuor Opoku Ware II confirming same.

The Plaintiff alleged in the statement of claim that as soon as she took possession of the plot, she carted 10 trips of sand and 10 trips of stones there, and also caused 2,000 blocks to be moulded and placed on the land. The Plaintiff alleged that on the 23rd of May, 1985, she went to the land with a view to commencing its development but, to her surprise, she met the Defendants’ workmen on the land and in the events that followed, her life was threatened