DIANA FRIMPONG v. KWAKU AGYEKUM, AKOSUA SUNKWA AND OPANIN OFFEI

On the 7th of November, 2022 Plaintiff commenced this action against Defendants seeking the following reliefs:

1. Plaintiff jointly and severally sue Defendants for an order of the Court to evict Defendants from Plaintiff’s 6-acres oil palm plantation which is located at a place commonly known and called “Ntatiem” on Akim Kotokuom stool lands sharing common boundaries with the properties of Opanin Nyamekye, Kofi Bio, Opanin Anto and a tertiary road which Defendants have forcefully taken over and harvesting same without the consent and authority of Plaintiff. All efforts made for Defendants to vacate the farm have proved futile.

2. An order of the Court for Defendants to account for the palm fruits harvested on the 15th of October, 2022 and the 6th of November, 2022 or in lieu of that, Plaintiff claims GHc2,500 as the cost of the produce.

3. An order for interim injunction restraining the Defendants by themselves, their assigns, workmen, agents, representatives, privies etc. from having anything to do with the said farm mentioned supra until the final determination of the suit.

4. Perpetual injunction restraining the Defendants by themselves, their assigns, workmen, agents, representatives, privies etc. from interfering with Plaintiff’s farm.

5. Costs.

Defendants pleaded not liable to all the claims of Plaintiff.

The summary of the subject matter of claim are that:

Plaintiff and Defendants are all farmers and are residents of Akim Kotokuom.

Plaintiff says she and her husband Kwame Okyere Jackson deceased cultivated 6-acres of palm plantation at “Ntatiem” on Akim Kotokuom stool lands which is the property of Opanin Kwadwo Grant, Maame Tobia and Maame Yaa Mansa who jointly granted the said land for the cultivation of the oil palm.

Plaintiff says that her husband passed on about 5 months ago and after the funeral rites on the 8th of October, 2022 Defendants who are her husband’s nephews and have taken over the said 6-acre palm plantation without Plaintiff’s consent and authority and are harvesting same with impunity for their own use and to the detriment of Plaintiff and her children and therefore pray the Court for redress.

Wherefore Plaintiff sues Defendants jointly and severally as per her reliefs sought and endorsed on the writ of summons.

The evidence -in-chief of Plaintiff, Diana Frimpong a farmer resident at Akim Kotokuom had it that she knows D1 and D3 and nephews of her late husband and D2 also as a niece of her late husband. Accordin