EMMANUEL OSEI BONSU (Suing for himself and on behalf of Other siblings of Akim-Maase) v. AKOSUA SERWAAH AND KWAME BOAKYE

The Plaintiff issued a writ of summons out of the registry of this Court on 31/05/21

for the following reliefs:

a. Declaration of title to land situated and lying at Maase Anyinasin Road.

b. Recovery of possession of the said land.

c. Perpetual injunction restraining Defendant, her agents, her assigns, her

privies, etc from interfering with the said land.

d. Cost of litigation.

Plaintiff brings this action for himself and on behalf of other siblings namely:

Comfort Adjeiwaah, Elizabeth Amoanimaah and Julian Osei Twumwaah. Plaintiff

avers that the 1st Defendant is a sister from a different mother whilst the 2nd

Defendant is an elder of Christ Apostolic Church, Maase. It is the case of Plaintiff

that his late father, Opanin Kwaku Annane married four wives in his lifetime

namely: Afua Dokua, Afua Ntiamoah, Akua Animah and Abena Yaawowah. That

Afua Dokua had four chidren with their father i.e. plaintiff and the siblings. Afua

Ntiamoah had a child with their father namely Julian Osei Twumwaah. Akua

Animah had a child with their father namely Akosua Serwaah the 1st Defendant

herein whilst Abena Yaawowah had twins with their father namely Afua Atta and

Atta Kofi. The Plaintiff stated that upon the demise of their father, his land that is

the land in dispute was given to the children by his family. That the land measures

100 feet by 60 feet and situated at Maase and bounded on one side by Maame

Nyawor’s land, on one side by Kwaku Seth’s land and on the other side by Opanin

Kwaku Adu’s land. Upon the insistence of the 1st Defendant, the land was shared

into two equal parts, Plaintiff together with his siblings and Julian Osei Twumwaah

took one part whilst the 1st Defendant and Afua Atta and Atta Kofi took the

remaining half upon the instructions of the head of family and their uncles.

Subsequent to the sharing, he graded the portion which devolved to him and the

siblings however, the 1st Defendant has sold the portion belonging to Plaintiff and

his siblings to the 2nd Defendant who is developing same at a faster pace. That all

attempts to restrain the 2nd Defendant from developing the land in dispute have

proved futile.

In their statement of defence filed on 14/06/21 in the registry of this Court, the

Defendants denied Plaintiff’s claim and averred that their father did not gift any of

his two parcels of land to any of his children nor was any family meeting convened

after the 1st Defendant’s father’s demise by the father’s family t