KWAME FRIMPONG AND KOFI FOFIE v. KWABENA OSEI, KWAKU DANKWAH AND KOFI AMOAKO

On the 9th of August, 2022 Plaintiffs commenced this action against Defendants seeking the following reliefs:

1. Plaintiffs jointly and severally sue Defendants for declaration of title to and recovery of possession to all that piece or parcel of land situate, lying and being at a place commonly known and called “Abebensuso” on Akim Adwobue stool lands measuring 3.5 acres more or less which share common boundaries with the properties of Opanin Kwabena Dabo, Opanin Kwasi Aboagye, “Abebensu stream and Anyinase to Adwobue main road which Defendants have forcibly taken over and partitioning same for sale without the authority and consent of Plaintiffs and all efforts made for Defendants to vacate the land have proved futile.

2. An order of the Court for any purported sale of the said land described supra be declared null and void.

3. An order for vacant possession of the land described supra for Plaintiffs

4. Costs.

Defendants pleaded not liable to all the claims of Plaintiffs.

The summary of subject matter of claim are that:

1. Plaintiffs and Defendants are all farmers and resident at Akim Adwobue.

2. Plaintiffs say that Kwabena Amoasi and Akua Frimpomaa who were siblings cultivated 7-acres of virgin forest and shared it into two equal parts for each to manage.

3. Plaintiffs herein are the descendants of Akua Frimpomaa and have been on the land without let or hindrance after several generic successions.

4. Plaintiffs say Defendants are the descendants of their granduncle and great granduncle Kwabena Amoasi respectively.

5. Plaintiffs say that Defendants have encroached into their 3.5-acre land and are partitioning same for sale to individuals without the consent and authority of Plaintiffs and all efforts made to stop them have proved futile.

6. Plaintiffs say that the behavior of Defendants is uncalled for, reprehensive and a calculated attempt to deprive Plaintiffs and their descendants of their property and pray the Court for redress.

7. Wherefore Plaintiffs sue Defendants jointly and severally as per their reliefs sought and endorsed on the writ of summons.

The evidence-in-chief of Plaintiffs was given by the 2nd Plaintiff who was elected to give evidence for himself and also on behalf of the 1st Plaintiff. Kofi Fofie had it that he is a farmer and resident at Akim Adwobue and that he knows 1st Plaintiff as an uncle and also knows 1st Defendant as an uncle, 2nd and 3rd Defendants as cousins. According to P2, Akua Frimpomaa and Opa