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JUDGMENT
Per a writ of summons filed on 26th April 2004, the plaintiffs, who are the
Ebusuapanyin and Ankobeahene of the Royal Dehyena family of Enyan Abassa,
respectively, sued the defendants representing the Odumna family of Enyan Abassa
for the following reliefs;
a) Declaration of title to all that piece and parcel of land known as Ekotsir land
situate being and lying at Enyan Abassa
b) Recovery of possession of the said land
c) Damages for Trespass
d) Perpetual injunction restraining the defendants, their agents, servants, assigns,
and anybody claiming through them from having anything to do with the in
and use of the said Ekotsi land and or interfering with the plaintiffs’ interest in
and use of the said Ekotsi lands.
The case of the plaintiffs
The plaintiffs introduced themselves as the Ebusuapanyin and Ankobeahene of the
royal Dehyena family of Enyan Abaasa, suing on their own behalf and the family,
whereas they stated that the defendants are members of the Odomna family of Enyan
Abaasa. The plaintiffs traced their root of title to the disputed land through their
ancestor, Kofi Nyanful, whom they testified discovered and reduced a large tract of
land into possession. According to them, this large tract of land is called Ekotsi. Their
ancestor Nana Kofi Nyanful permitted his nephew by the name Ahinful and his
children to farm on a portion of the land, but he later built on it. They recognised the
ownership of the land as belonging to the Royal Dehyena stool family. They claimed
that the land acquired by the family shares boundary with the Methodist chapel
square Yego clan(Ekotsi) Nana Tufuantse of the Odomna clan, with Nsona clan, with
Nana Afedze of Kona clan, Kwame Akonu of the Twidan clan and lastly with Odum
Kwansah’s Anona clan. They claimed that over the years, their family had exercised
ownership and control over the land without let and hindrance from anybody.
Continuing their narration, the plaintiffs claimed that over one hundred years ago,
Nana Tufuantse trespassed onto a portion of the land and built on it. At that time,
their predecessor named Nana Kojo Abban, successfully brought an action against
him at the Enyan Abaasa Traditional council. When Nana Tufuantse appealed from
the traditional council to the High Court in Cape Coast, he lost and was subsequently
sacked from the land. He was awarded 4 pounds as damages in respect of another
house which was built and extended onto the plaintiffs' land. During the tria