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JUDGMENT
This judgment stems from the outcome of a civil writ of summons issued by the
Plaintiffs against the Defendants under the District Court Rules, 2009 CI 59 Order 2
rules 3(6) for the following reliefs:
1. Declaration of title of ownership of all that piece of land situate and lying at
Kadjebi near the Kadjebi Main Lorry Station and bounded as follows:
On one side by Okyeame Akyea
On another side by a lane to Anagokordzi Kadjebi
On the third side by Nana Kwasi Nyarku, and on the last side by Obakyeame
Ama which land was gifted to George Kwaku Mensah(deceased) by the then
Omankrado of Kadjebi.
2. Cost.
SUMMARY OF SUBJECT MATTER OF CLAIM.
Plaintiffs are farmer and a staff of the Guaman
Rural Bank and bring this action against the Defendant(s) for and on behalf of
the descendants of George Kwaku Mensah (deceased) of Dodi Papase. The
Defendants are farmers and descendants of Nana Kwasi Nyarko living at Dodi
Papase. Plaintiffs said during the life time of George Kwaku Mensah and Nana
Kwasi Nyarko they acquired a piece of land from the Omankrado (chief) of
Kadjebi. Plaintiffs said, after acquiring this land they shared same into two equal
parts among themselves. Plaintiffs continued that George Kwaku Mensah
constructed a cocoa shade with house numbered KAF 183 on his portion and
appointed one Besah Denyo as a caretaker of the cocoa shade and he built a
house for the caretaker on a portion of this share of the land gifted to them by the
Omankrado of Kadjebi where the descendants of the said caretaker are still
occupying till date as caretakers.
Plaintiffs added that Nana Kwasi Nyarko also built a house on his with the
house numbered 181 on his portion. So, the two of them (George Kwaku
Mensah) and Nana Kwasi Nyarko) were in their respective occupation in their
individual houses peacefully until their demise. The Plaintiffs continued that
when cocoa farming was no more functioning, the cocoa shade was rented by
one Amegah from George Kwaku Mensah to operate a drinking spot and he
(George Kwaku Mensah) was collecting rents from Amegah. Plaintiffs added
that Mr. Amegah died and the drinking spot was left behind and one Kennedy
also sought permission from George Kwaku Mensah to operate a food joint/chop
bar till he passed on in the year 1994.
Plaintiffs continued further that after the demise of George Kwaku
Mensah, his self-acquired properties were disbursed among his children
including the first Plaintiff (P1) and the mother of