KWAKU ASARE v. YAW BOLI

The plaintiff issued the writ of summons on the 8th October, 2021 against Kofi

Amponsah for a declaration of title and recovery of possession of land at Memenda

Kokoo at Sefwi Asawinso and an order of perpetual Injunction

On 15th November, 2021 the plaintiff filed a notice for joinder of Yaw Boli, Grace

Awuku and Kwasi Fuakye as the 2nd, 3rd and 4th defendant respectively and the court

granted the application on 16th February, 2022. Subsequently the 2nd defendant filed a

counter claim on 27th May, 2022 for a declaration of title to and recovery of possession

of the disputed land and an order of perpetual injunction against the plaintiff.

Subsequently the defendant Kofi Amponsah applied to have his name struck off the

suit as not the proper person to be sued and the 3rd and 4th defendant also applied to

have their name struck off as misjoined, and the court granted their application and

struck off their names from the suit. It was left with Yaw Boli as the 2nd defendant, but

since the names of the defendants had been struck off, Yaw Boli became the only

defendant in the case.

It is the case of the plaintiff that the disputed land was granted to him by the

defendant, Yaw Boli, sometime in 1999 to cultivate cocoa on abunu tenancy basis. That

after he cultivated it they shared the cocoa farm on the abunu tenancy agreement. That

the plaintiff said he defendant gave his part of the cocoa farm to Kofi Amponsah the

defendant’s son in-law (the original defendant whose name had been struck out). The

defendant later instructed Kofi Amponsah to carve out a portion of his (plaintiff) share

of the cocoa farm into a building plot and Kofi Amponsah carved it and sold it to

Grace Awuku (who was the 2nd co-defendant but her name was strucked out) for

GH₵2,000.00 after which Kofi Amponsah gave him (plaintiff) GH₵ 100.00 . The

plaintiff said he reported the matter to the police of Asawinso and the police invited

the defendant but he denied carving out a portion of the land which belonged to him

(plaintiff). That the defendant instructed Kofi Amponsah to carve another portion of

the plaintiff’s share of the cocoa farm and Kofi Amponsah carved and sold it to Kwasi

Fuakye (the 3rd Co-defendant whose name was strucked out of the suit) for GH₵

8,000.00 and gave the plaintiff GH₵500.00. So he took this action and was claiming as

per his writ of summons.

It is the case of the defendant that he was the landlord or the owner the disputed land

which he gr