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JUDGMENT
The plaintiff herein filed this suit against the defendants herein jointly and
severally, seeking the following reliefs;
(a) A declaration of title to and recovery of possession of all that piece and parcel of
farmland, lying, situate and being at a place commonly known and called
“Bepoayase” near Badu on Badu stool lands and bounded by the properties of
Kwasi Amoako, Yaw Tia, Haruna Kramo, late Kwaku Addai and a stream
respectively.
(b) General damages for trespass.
(c) An order for perpetual injunction restraining the defendants, their agents, assigns,
privies, labourers etc and all those who claim through the defendants from
entering or interfering with the plaintiff’s land.
The 1st defendant (D1) pleaded not liable to the claims after same were read and
explained to him (D1). The 2nd and 3rd defendants failed/refused to come to court inspite
of been served.
This court having therefore examined the plaintiff pleadings filed by the parties
(plaintiff and 1st defendant) the following issues down for trial;
(1) Whether or not the disputed farmland is the property of the plaintiff herein;
(2) Whether or not the plaintiff has any valid title to the said farmland.
(3) Whether or not the defendants herein trespassed onto the disputed land.
(4) Whether or not the plaintiff is entitle to a recovery of possession of the land.
(5) Whether or not the plaintiff is entitle to any general damages.
(6) Whether or not an order of this court will lie for an injunction against the
defendants.
The evidence of the plaintiff herein in prove of his claims consisted of his evidence
in chief and the testimony of his two witnesses (P.W.1 and P.W.2).
The plaintiff told the court she is Hannah Nkansah and that she lives in Techiman
and is a trader. That she is related to the 1st defendant herein (D1). She however has no
relationship with 2nd defendant and 3rd defendant. Plaintiff said the disputed farmland
was acquired by her father Opanin Yaw Nsiah (now late) in its virgin state. That the land
is situate, lying and being at a place commonly known and called “Bepoayase” on Badu
stool lands. That the father gifted the said disputed land to her (plaintiff) and her siblings
and they provided drinks as custom demands to thank their father (Aseda). This was in
the year 1986 before their father died in 1988.
That her (plaintiff) late sister by name Akosua Mary then took possession when
she moved from Nkoranza to Badu. That the sister was on the land wit