MADAM AFUA KESSE v. MFUM FARMS LTD.

JUDGMENT

DZAMEFE J.A.

The Plaintiff/Respondent hereinafter referred to simply as the Plaintiff issued this writ against the Defendant/Appellant, also referred to as Defendant in the High Court, Land Division, Kumasi for the following reliefs:-

i. A declaration of title to that piece or parcel of land known as SITE FOR FEEDMILL and OFFICES SITUATE at AFARI near NKAWIE on the NKAWIE-KUMASI MOTOR ROAD and measuring approximately 3.21 acres which is more particularly delineated on PLAIN No. LDA 1149/41291 registered at the Lands Registry on 9th June, 1993 under Title No. 15381 and serial no. 394/93.

ii. Recovery of possession.

iii. Special damages of GH¢35,000 for trespass.

iv. Perpetual Injunction restraining the Defendant, her servants, agents and assigns from interfering with the said land.

The Plaintiffs in their statement of claim averred they are a company registered under the laws of Ghana and has its Head Office at Mim while the Defendant is resident at Ashanti New Town, Kumasi. The Plaintiffs avers that the Defendant is the lessee of a piece or parcel of land known as SITE for feedmill and Offices situate at Afari near Nkawie in the Nkawie-Kumasi road in the Atwima District of Ashanti Region measuring approximately 3.21 acres which is more particularly delineated on plan No. LDA 4291 which was registered at the Lands Commission on 3/6/93 under Title No. 15381 and serial no. 394/93. The lease which was executed between the Government of the Republic of Ghana and the Plaintiff is for a term of 50 years commencing on 1st September, 1991 and expiring on 31st August 2041.

The plaintiff allege that in 2015 to save this property from encroachers, decided to construct a fence wall around same. This fence wall was however wrongfully and unlawfully pulled down by the Defendant, her servants and agents destroying same with an estimated value of GH¢35,000.00. Plaintiff averred that, that wrongful and trespassory act by the Defendant made him suffer a great loss and damage and unless restricted by an order of this court the Defendant will carry out such further act as she threatened. Wherefore the Plaintiff claims against the Defendant as per the writ of summons.

The Defendants in their statement of defence, which can be seen at page 2 of the record of appeal, averred that in 1975, her great-uncle, the late Oheneba Acheampong Akwasi, Chief of Afari, made a gift of the subject matter in dispute to her. Drinks were provided to seal the said gift in the pres