ESSOUN II v YEMO AND OTHERS

The plaintiff by the indorsement on his writ of summons claims for:

1. An order on each of the defendants to attorn tenant to the plaintiff in respect of all the pieces of the plaintiff's Ansmina land bounded on the north by the Dumawora River, south by Anyinasu to Bisease footpath, east by the Baku Forest Reserve and by Bedum stool land and west by the Dumawora respectively, or in the alternative;

2. an order for recovery of possession of all the said pieces of the plaintiff's said land;

3. an order for perpetual injunction restraining each and every defendant, his agents, privies, licensees, workmen and all persons claiming through every defendant from interfering with the plaintiff's ownership and possession of the said pieces of land; and

4. ¢20,000 each for trespass.

After the defendants had entered their appearance through a solicitor, the plaintiff delivered his statement of claim. And for the purpose of this ruling, I propose to reproduce hereunder, the pleadings:

1. The plaintiff is the ohene of Bedum in the Breman Asikuma Traditional Area and brings this action on behalf of the stool of Bedum.

2. The defendants are stranger farmers on Bedum stool's Ansmina land.

3. By the decision of the Stool Lands Boundaries Settlement Commission of 9 January 1979, the boundary between Bedum stool land and the stool land of Anyinasu was determined and in consequence thereof the piece of land bounded more or less on the north by the Dumawora River, south by Anyinasu to Bisease foot-path, east by the Baku Forest Reserve and by Bedum stool land and west by the Dumawora River, occupied by the defendants, respectively fell within the ownership of the Bedum stool.

4. The defendants are among a large number of stranger farmers occupying portions of the land mentioned in paragraph 3 above.

5. Following the decision of the Stool Lands Boundaries Settlement Commissioner aforesaid, the plaintiff sent circulars to the defendants calling upon them to attorn tenant to the plaintiff and to enter into tenancy agreements with the plaintiff.

6. The defendants have refused to accede to the plaintiff's call.

Wherefore the plaintiff claims as per his writ. Then the statement of defence is as follows:

1. Save as hereinafter expressly admitted, the defendants deny each and every allegation in the statement of claim as if the same were set out and specifically traversed seriatim.

2. In 1930 a group of persons from Boso in the Eastern Region of Ghana led by