LAWRENCE ADU SUING FOR HIMSELF AND ON BEHALF OF AGONA FAMILY OF OLD TAFO-AKIM v. KWAME ACHEAMPONG AND KWAME OPOKU

The Plaintiff in its writ seeks the following reliefs:

a. Declaration of title to a cocoa farm on the Maase-Old Tafo motor road belonging

to the Agona family of Akyem Old Tafo which shares boundaries with D.O.

Abrokwa, Eric Adarkwah, Madam Agyeiwaa, Rev. Adarkwah and Yaw Aboagye

which farm Defendants have confiscated and claiming same.

b. Declaration of title to the house number B 21 Old Tafo belonging to the Agona

Family of Akyem Old Tafo which house Defendants are claiming ownership.

c. Recovery of possession of the said cocoa farm and house to the family.

d. Cost.

e. Perpetual injunction restraining defendants, their servants, assigns, privies, agent,

any person claiming title through the defendants from interfering with the cocoa

farm and the house number B21, Old Tafo.

Plaintiff avers per the statement of claim that he is the head of family of the Agona family

of Akyem Old Tafo. It is the case of Plaintiff that the late grandfather, Opanin Yaw Okyere

gave birth to six children namely Op. Brobbey, Op. Kwasi Amakye, Op. Yaw Opoku, Op.

Eric Kwasi Adarkwa, Obaapanin Yaa Korkor, and Obaapanin Amma Ketewaa in his

lifetime. He also had a sister by name Obaapanin Yaa Otiwaa. The said Op. Yaw Okyere

acquired a vast cocoa farm on the Old Tafo-Maase motor road and two houses, one at

Tafo Asemasa and the other at Old Tafo Fofiese. In his lifetime, he shared a portion of the

cocoa farm among all his six children including the Defendant’s father Yaw Opoku. He

also gave the rest of the cocoa farm to the family which is the subject matter in dispute.

He also gifted the house at Fofiese to, the father of the 1st Defendant and the house at

Asamasa he gave to the family which is the house in dispute. Op Yaw Okyere died in the

year 1962 and Op. Ataa Acheampong was appointed his customary successor. Upon his

appointment, he inherited the cocoa farm and the house subject matter in dispute for over

twenty-five years till he passed on. Upon his demise, the only surviving sister of the late

Op Yaw Okyere, Yaa Otiwaa was appointed the customory successor to oversee the

family cocoa farm and house at Asamasa. The tenures of these two successors were

without any dispute. When Yaa Otiwaa also passed on, the head of family, elders, the

family chief and members met to appoint the Plaintiff as customary successor. According

to the Plaintiff he has been overseeing the house and cocoa farm in dispute and pays

property rate for about twenty-five years now