DANKWA JOSEPH v. GYAU JOSEPH

The plaintiff herein commenced this instant action against the defendant seeking the

following reliefs:

a) A declaration of title to and recovery of possession of all the piece and parcel of

farmland, lying, situate and being at a place commonly called “Kootiwaakrom”

near “Attakrom” on Nsawkaw stool lands and bounded by the properties of the

late Opanin Kwabena Boakye, Kwadwo Amoah and Kofi Mensah respectively;

b) General damages for trespass onto the said land; and

c) An order for perpetual injunction to restrain the defendant, his agents, assigns,

workmen, labourers, descendants and all those who claim through the defendant

from entering the said land or interfering with the plaintiff’s possession of the

said land.

From the pleadings filed by the parties herein, the following issues were then set down

for trial;

a. Whether or not the disputed land is the property of the plaintiff;

b. Whether or not the plaintiff has any valid title to the land in dispute;

c. Whether or not the plaintiff is entitle to a recovery of possession of the said

disputed land;

d. Whether or not the defendant herein trespassed onto the land;

e. Whether or not the plaintiff is entitle to any general damages for trespass;

f. Whether or not an order for perpetual injunction will lie against the defendant

herein.

Presenting his (plaintiff) evidence in proof of the claims, the plaintiff in his evidence-in-

Chief told the court he is Dankwah Joseph and that he lives at Nsawkaw. That the

disputed land was acquired in its virgin state by his (Plaintiff) late father Opanin Yaw

Nkrumah. That the said land is situate and being at “Kootiwaakrom” near “Attakrom”

and bounded by the properties of late Kwabena Boakye and which is currently

occupied by Boye Gyamfi and then the land of Kwadwo Amoah respectively. That the

defendant herein trespassed onto the said land which was gifted to him (plaintiff) and

his late brothers about twenty-five (25) years ago. That the land was gifted to him

(plaintiff) and his brothers by their father and they offered thanksgiving (Customary

“Aseda”) in the form of a presentation of a bottle of Schnapps and cash amount of

Gh₵2.00 to their father before he died.

Plaintiff said they then took immediate possession of the land even before their father

died. That they cultivated food crops but once in a while they allowed the land to lie

fallow. That it was during this fallow periods that the defendant deliberately trespassed

onto the la