MAD. ADJOA AKYERE AND MRS. MARY WHITE v. KOJO AMISSAH

JUDGMENT

SUMMARY

On 3rd November, 2022 this court adopted proceedings and continued the trial of this case

which commenced on 6th February 2020 under my predecessor.

The Plaintiffs, by an amended Writ of Summons, are claiming against Defendant

1. A declaration of title and ownership to a piece or parcel of land situate, being and

lying at a place commonly known and called “Bobman Hotel”, at Abura Dunkwa

in the Abura Asebu Kwamankese District and sharing boundaries with the lands

belonging to Nana Afariwaa Nyarkoh II’s land, Kojo Mensah, Kofi Abban and one

Kow Frimpong;

2. Damages for trespass;

3. Perpetual injunction restraining the defendant, his assigns, workmen, servants or

anybody claiming through him from interfering with or carrying out any

development on the land in dispute;

4. Cost involved in the prosecution of the suit,

5. Any other relief(s) that this honourable court may deem fit to order under the

circumstances of the present case.

The Defendant pleaded not liable to all the reliefs.

PLAINTIFF’S CASE

The 1st and 2nd plaintiffs are a mother and daughter. Defendant is 1

st Plaintiff’s nephew.

It is 1st Plaintiff’s case that the land in dispute forms part of a larger portion of land which

her late mother shared among her children.

1st Plaintiff avers that she caused a portion of the disputed land to be demarcated for the

2nd Plaintiff and one Samuel Arthur. 2nd Plaintiff deposited on her land blocks and a heap

of sand. Samuel also deposited a heap of sand and a pile of stones on the land and erected

boundary pillars.

Plaintiff avers that before the demarcations for the two persons, she cultivated oranges

interspersed with cassava and maize.

It is Plaintiff’s claim that Defendant has trespassed onto Plaintiff’s portion of land given to

2nd Plaintiff and Samuel and has started constructing a building foundation.

DEFENDANT’S CASE

Defendant denies that the land in dispute shares boundaries with Nana Afariwa Nyarko

II’s and contends that the land lies at a place known as “Asokwa”.

He avers that the disputed land forms part of a large tract of land allocated to three

paternal and maternal siblings named as Efua Nyarko II, Adjoa Nyantakyiwa and Thomas

Kwesi Adu Fabin.

Defendant avers that his mother was Adjoa Nyantekyiwaa. Efua Nayarko II and Thomas

Adu Gyamfi Fabin were his maternal aunt and uncle.

Defendant contends Plaintiff clandestinely sold the disputed land to Samuel Arthur but

Defendant warned Mr. Art