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JUDGMENT
Per a writ of summons and statement of claim, the plaintiff claims against the
defendants the following reliefs;
a) Declaration of title to all that piece and parcel of land situate and lying at
Gomoa Amoanda in the Gomoa District of Central Region of the republic of
Ghana measuring approximately 150 acres and forming part of Kotokum lands
and forming part of Royal Nsona family of Gomoa Buduatta Mbrowa Gate of
the said family)
b) Recovery of possession
c) General and special damages for trespass
d) Perpetual injunction restraining the defendants either by themselves or their
servants, agents, workmen, assigns etc. from interfering whosoever with the
said land.
e) Any further orders as the court may deem fit in the circumstances.
THE PLAINTIFFS’ CASE
According to the plaintiffs and the testimony of the 2nd plaintiff, the virgin forest of
the disputed land forms part of a large tract of land which is the property of their
Mbrowa gate of the Royal Asona family. The virgin forest of the said land was broken
by their great-great-grandfather Nana Kwame Adu, Kojo Afo, Kankam Panyin,
Kankam Keteaba and others between 1815 and 1860. These ancestors were members
of the Mbrowa gate of the Asona family who migrated to Gomoa Buduatta from
Gomoa Assin during the Ashanti Fante war in 1811, led by the only surviving warrior
Kofi Bentum.
The disputed property is bounded on the North by the land of the Oyoko family of
Gomoa Somanya, the plaintiffs' land on the East by the Ojobi Oyoko family, variously
known as Odankwakwa lands on the South by the plaintiffs family lands and the
Oyoko family of Gomoa Akramang lands and on the West by plaintiffs lands known
as Okotokum lands and covering an approximate area of 120 acres. It is their case that
they have been in uninterrupted occupation and the ownership of the land, including
the land in dispute, which is vested in the Mbrowa gate of their family. It is also their
case that after breaking the virgin forest and whilst farming on Kotokum lands, a
group of farmers from Gomoa Ojobi led by Opanyin Kwaw Dankwa later met their
ancestors, and so their portion of the land was named Dankwa Kwaa. The two groups
of farmers from Buduatta and Ojobi plied their activities on their respective lands
peacefully and obeyed each other's boundaries.
In or about 1979, the family learned that part of the Kotokum lands had been
auctioned per court order to one Opanyin Budu Yenu from Gomoa Amoanda. Upon
enquiries, t