MANTI SAMUEL KWASI AND MANTI PETER v. JOHN TEGLESU AND GEORGE ADDAE

By their writ of summons dated 4 September 2018 the Plaintiffs claim against the

defendants the following reliefs :

a. Declaration of title of the land under dispute.

b. Recovery of possession.

c. Perpetual Injunction restraining the Defendants by themselves, their agents,

workmen, assigns, servants or anyone remotely connected with Defendants from

laying claim to Plaintiffs’ land.

The Plaintiffs writ of summons was accompanied by a 22 paragraphed statement of claim.

Upon service of the writ of summons and statement of claim on them, the defendants

entered appearance through their lawyer. They subsequently filed a defence and denied

the claim of the Plaintiffs in its entirety but did not counter claim. In the course of the trial

, the defendants dispensed with services of their lawyer.

PLAINTIFFS’ CASE

The case of the Plaintiffs as can be gleaned from their pleadings is that the 1st Plaintiff is

the head of the Mante family of Bowiri Kwamekrom and the 2nd plaintiff a member of the

said family. Their father known as Mante Kwasi Kwao acquired a piece of land at a place

known and called “Konsa” at Abowire. According to Plaintiffs after the death of their

father the property was handed over to their senior brother John Mante and he cultivated

it till he died in 1993. That after the death of John Mante the property has been in the

possession of the Plaintiffs’ family. According to Plaintiffs in 2003 the defendant brought

an action against them at the District Court, Jasikan in respect of the subject matter in

dispute. That the matter was later withdrawn by the defendants for settlement out of

court and sent to the Amankrado of Bowiri Nana Asamani to settle . It is the case of the

Plaintiffs that the elders who sat on the case did not allow the witnesses of the Plaintiffs

to testify. Plaintiffs say that they disagree with the settlement and did not sign the terms

of settlement reached by the Nana Asamani’s settlement panel. It is the further claim of

the Plaintiffs that the defendants have trespassed on the land and are selling portions to

unsuspecting buyers .

DEFENDANTS’ CASE

The defendants denied the claim of the Plaintiffs and said they are descendants and heirs

of one Nana Teglesu I (deceased) of Bowiri Abohire, Kwamekrom, who founded a vast

tract of land called Abohire land made up a forest and grassland situate at Bowiri-

Abohire. According to Defendants Nana Teglesu I owned and held the “Konsa”

(grassland) lands for and o