JOHN KOFI AMPRATWUM v. ATTA SARPONG & ANOTHER

KUSI-APPIAH, J. A. :

This appeal is from the decision of the High Court, Mampong-Ashanti, given on 28th March, 2004 per W. H. K. Addo J. by which the learned Judge entered judgment for the plaintiff/respondent (herein after called the plaintiff) against the defendants/appellants (hereinafter called the defendants) and decreed titled in the disputed land in the plaintiff.

The case of the plaintiff as gathered from his pleadings and especially evidence at the trial, is that, he is the head of Bretuo family of Dadieso near Mampong-Ashanti and he sues on his own behalf and on behalf of his family.

He contended that he has been in possession of the disputed land lying at a place commonly known as Abenuase on Mampong stool land and shares a boundary with Gyasehene of Mampong/Ashanti, Atuahene and Yaw Sarfo.

He claimed that his ancestors have been in effective possession of the disputed land without any interference for almost two hundred years until the present trespass by the defendant.

The plaintiff avers further that about six years prior to instituting this action, the Gyasehene who was then sick requested him to show the second defendant the boundary between the Gyasehene and himself since the second defendant was likely to succeed the Gyasehene upon his demise.

According to the plaintiff he complied with the Gyasehene’s request in the company of the second defendant, one Yaw Krah and the late Sarfo and Atuahene.

Thereafter, the second defendant offered him an amount of (¢300, 000.

1. three hundred cedis in appreciation of his good work but he refused.

He testified that the defendants subsequently entered the said land and started destroying planted maize and continued to do so in spite of entreaties to them to stop their acts of trespass on their land.

On 5th September, 1994, the plaintiff therefore brought an action against the defendants jointly and severally, for the following reliefs: “(a) A declaration that the land situate and lying at a place commonly known as “Abenuase” land having boundaries with properties of Gyasehene of Mampong/Ashanti, Atuahene and Yaw Sarfo is his family property(b) Damages for trespass, and (c) Perpetual injunction restraining the defendants their servants and privies from entering unto the land and in no way interfere with the said land”The defendants resisted the plaintiff’s claim.

By paragraph 3 of the statement of defence, the second defendant says that he is the head of family of the Gyase Stool, owners of t