MAAME AFIA GYINAYEO v. ATTA OF WENCHI, MR. KWADWO DARKO ASIAMA-ABOAGYE, MRS. KWADWO –DARKO ASIAMA-ABOAGYE AND NANA AKORATUA ADUTWUM IV (TWAFOHENE OF WENCHI

The plaintiff herein filed this writ on the 19th day of October, 2015 seeking from

this court and against the defendants herein the followings reliefs as endorsed on her writ

of summons;

(a) A declaration of title to and recovery of possession of all that parcel of land and

cashew trees thereon and which said land lying, situate and being at a place call

“CHONKO” on Wenchi stool lands and bounded by the properties of the late

Akua Misaa, Papa Yeboah, Maame Ama and Kwame Adu respectively.

(b) General damages for trespass and recovery of an amount of GH₵20,000.00 being

the value of plaintiff’s cashew trees defendants cut down;

(c) An order for perpetual injunction restraining the defendants, their agents, assigns,

workmen, labourers, descendants and all those who claim through the defendants

from entering the said farmland.

(d) An order directed at the defendants to account the cashew-nuts harvested for the

past season.

The defendants, after the claims were read and explained to them pleaded not liable

to same with the 2nd and 3rd defendants also counterclaiming the following against the

plaintiff;

(a) A declaration that the four (4) plots with numbers 198, 190, 201 and 203, Block ‘H’

Wenchi, allocated to the 2nd defendant are legitimately acquired;

(b) An order for perpetual injunction restraining the plaintiff here assigns, workmen,

and anyone who claims through her from interfering with the said plots

mentioned above.

Plaintiff also pleaded not liable to the counter claim;

From the pleadings of the parties thereof the following legal issues were set down for

trial;

(1) Whether or not the disputed farmland is the property of the plaintiff herein;

(2) Whether or not the plaintiff has any valid title to the said land;

(3) Whether or not the defendants herein trespassed n to the said land;

(4) Whether or not the plaintiff is entitle to any general damages for trespass;

(5) Whether or not the defendant herein cut down any cashew trees on the disputed;

(6) Whether or not the plaintiff is entitle to recover the cash sum of GH₵20,000.00

being the value of the said cashew trees;

(7) Whether or not the plaintiff is entitle to a recovery of possession of the disputed

land;

(8) Whether or not an order of this court will lie for an injunction (perpetual) against

the defendant and

(9) Whether or not the 2nd and 3rd defendants validly acquired the plots with numbers

189, 190, 201 and 203, Block ‘H’, Wenchi.

The overall evidence of t