EMMANUEL ANDEMA vrs AKURIBIRE AMOGRE, ANIPOKA AMOGRE, AND ABOKUTUM ABONGO, THE ROMAN CATHOLIC CHURCH, THE GHANA EDUCATION SERVICE

The parties to this appeal will retain their designation in the trial Court. original parties to this suit Emmanuel Andema, Plaintiff and Akuribire Amogre and Anipoka Amogre, Defendants hailed from Kandiga. For the Plaintiff, the land in dispute was acquired by his ancestors in a place they call Akurugu-Daboo. Defendants however, claimed the land in dispute belonged to their ancestors acquired through first settlement and was situated in a place called Akongugu which formed part of Kandidga lands.

It was the case of the Plaintiff that the Defendants had trespassed unto this family land of theirs. They successfully drove off the 1st Defendant from the land on two occasions when he tried to give the land to some persons. However, 1st Defendant brought the 2nd Defendant unto the land and they have refused to leave the land despite efforts of the Plaintiff to get them to vacate same. The Plaintiff therefore instituted this action against the Defendants.

Plaintiff claimed the following reliefs against the Defendants:

1. A declaration of title to all that piece or parcel of land lying North of Akurugu-Daboo Catholic Church at Kandiga Junction measuring about Six (6) acres, bounded to the North by Agangmikre Amole's house, and bounded to the East by Amogre's farmland and to the South by Akantuse Atiba's farmland and by Asuriya's farmland to the West.
2. A declaration that 1st and 2nd Defendants have trespassed unto Plaintiff's family land above described.
3. An order for 2nd Defendant to remove her building on Plaintiff's land above described
4. Recovery of possession of all that piece or parcel of land above described.
5. Perpetual injunction restraining Defendants, their agents, privies assigns and all those claiming through them from interfering with the Plaintiffs ownership possession and control of the land in the dispute.
6. Damages
7. Costs

SUMMARY OF PLAINTIFF’S CASE:

Plaintiff’s case is that about seventy years ago his grandfather Ataaya Akabe a native of Kandiga, a different village from Doba, acquired the land in dispute from Afanya Apungu, the then Tindana of Doba through a customary grant after all the necessary customary requirements were fulfilled.

This parcel of land which is the land in dispute comprises all that piece and parcel of land lying in Akunkongo, Doba North of Akurugu Daboo Catholic Church at Kandiga Junction measuring about six (6) acres. It is bounded to the North by Agangmikre Amole's house, and bounded to the East by