KWABENA OWUSU v. AKOSUA SARPONMAA

Plaintiff in a writ issued on the 18/06/2019 sought the following reliefs:

a. Declaration of title to a parcel of land situate, lying and being at New Tafo-Akim

at a place called “Bluemich” and shares boundary with a lane propose street and

a plot measuring 216 which land defendant has trespassed onto and claiming

same.

b. Recovery of possession of the said land in dispute.

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

etc from having anything to do with the land in dispute.

d. An order for enforcement of arbitration award of GHC 1,350.00 awarded by the

arbitration court of Osabarima, Tafohene which arbitration award defendant

refused to pay despite repeated demands.

It is the case of the Plaintiff that he is the owner of a parcel of land situate, lying and being

at New Tafo at a place called Bluemich and sharing boundaries with a lane, proposed

street and a plot measuring 216. The Plaintiff avers that the Defendant has trespassed

onto this land and is developing same. The Defendant summoned him before the

Tafohene and his elders because he confronted her that the land in dispute belonged to

him. That after hearing both parties, the panel pronounced judgment against the

Defendant and awarded cost of GHC 1,350.00 against her. Despite the pronouncement,

the Defendant is still developing the land and has refused to pay the cost awarded against

her. Plaintiff accordingly prays for the reliefs as set out in his writ of summons.

Defendant has resisted the claim of the plaintiff and instead set out a cross action in the

nature of a counter claim for the following reliefs:

a. Declaration of title to a parcel of land situate, lying and being at New Tafo-Akim

at a place called Bluemich and shares boundary with a lane, proposed street and a

plot measuring 216 which land Plaintiff has trespassed unto and claiming same.

b. Recovery of possession of the said land in dispute.

c. Perpetual injunction restraining Plaintiff, his assigns, agents, privies, labourers, etc

from having anything to do with the land in dispute.

The Defendant contends that her late grandmother by name Maame Ama Ohenewaa in

her lifetime acquired a vast cocoa farm at New Tafo-Akim Holy Family junction of which

the land in dispute forms part of. The Defendant asserts that the grandmother was in

possession of same since her infancy. Due to the development of the area, the Municipal

Assembly at Kibi demarcated the cocoa farm into