JUDGMENT
ABBAN J.A.
This is an appeal from the judgment of the Circuit Court, Kumasi presided over by her Honour Miss Mariama Owusu, dated 26th July, 1996.
The Appellant who was the Defendant at the Court below is alleged to have trespassed onto the respondents farm land, and persistently denied the respondent her right of possession to the said land. As a result of the said trespass, the respondent was compelled to take out a writ of summons claiming damages for trespass to respondent’s farm situate at Atwe-Nkwanta on Nyinahin Stool land and perpetual injunction restraining the Appellant and/or his agents from interfering with respondent's ownership and possession of the said farm.
In her statement of claim, the Respondent who claims to be a native of Nyinahin and a subject of the Nyinahin stool, averred that sometime in 1968 she acquired a piece of farm land from Nyinahin stool land and cultivated cocoa on it. The land thus acquired was bounded by the farms of Kwasi Gyansah (a.k.a. J.J.Peprah) Yaw Konto, Kwame Boakye and a forest reserve at a place called Atwee Nkwanta.
Twenty years later, two men (Yaw Twumasi and Osei Kwame) trespassed onto the said land and asserted adverse title to it. The Respondent herein took action against them in the Kumasi Circuit Court for a declaration of title, recovery of possession and perpetual injunction in a suit entitled.
"Madam Yaa Asonko vrs: Yaw Twumasi and Osei Kwame in suit No. LC 229/87. The defendants to the said suit entered appearance but failed to file their statement of defence and so on the 16th November, 1988, judgment was given in favour of the Respondent.
Sometime in 23/8/90 she applied for a writ of possession and she was accordingly put into possession by the Registrar of the Circuit Court Kumasi and the two men subsequently left the farm.
The appellant herein who did not join the previous suit and was in no way a party to the said suit later trespassed onto the same farm land and persistently denied the respondent herein her right to possession of the farm in dispute.
The appellant's behaviour is therefore an affront to the processes of the honourable Circuit Court and his illegal assumption of possession of the farm constituted a trespass.
Though the Appellant was never a party to suit No. LC 29/87, his representatives Kofi Teng and Kwarteng who were found working on the land at that time were served with the writ of possession and this constituted a notice to the appellant herein of the exi
