MARTIN YAW KUMAH BREMPONG v. MICHAEL TEPRETU AND CEPHAS TEPRETU

On 8 June 2020, Plaintiff issued out a writ of summons claiming the following reliefs

against the Defendants:

a. Declaration of title to all that piece or parcel of and situated(sic) or lying at Santrokofi-

Benua which is bounded as follows: on the South side with a path which belongs to the

community: on the North side with the properties of HAKER BREMPONG: On the

East side with the properties of VICTOR TEPRETU and on the West side with the

properties of FOSTER SENYO BREMPONG

b. Recovery of possession of the said land.

c. Damages for trespass.

d. Perpetual injunction restraining the defendants their assigns, servants, workmen,

relatives and agents from entering or remaining upon or dealing or interfering with

the land in dispute.

e. Costs inclusive of legal fees

The defendants entered appearance and filed a defence denying the claim of Plaintiff.

THE CASE FOR THE PLAINTIFF

The case of the Plaintiff is that his late father called Ben Kwame Brempong during his

lifetime gave him the disputed property in 1987 for residential purposes. According to

Plaintiff part of the land was used as refuse dump and he planted cocoyam on it in 1987.

It is the case of the Plaintiff that in the early part of the year 2020 one Edward Tepretu

summoned Plaintiff’s brother Harker Brempong before Nana Letsabii II for farming on

the land. It is the further case of the Plaintiff that he was called as a witness at the

arbitration but at the end an award was made that gave his land to the Defendant even

though upon his inquiries at the arbitration, he was told the subject matter was not part

of the subject matter of the dispute that went before the customary arbitration.

THE CASE FOR THE DEFENDANTS

The case of the defendants is that they own Santrokofi Benua town lands including

Mankole Osi land, Obesta land, Afeko Katu land and Kamena Kato land part of which is

the subject matter of this suit. It is the case of the Defendants that their father Agbeli

Tepretu who was the then head of Family of the Tepretu family made a gift to members

of the clan; Kadiadze, Klokoto and Brempong. According to defendants, Ben Brempong

who Plaintiff claims is his father was given barely half of an acre because of his disability.

It is the case of the defendants that the subject matter does from part of the land given to

Ben Brempong. According to Defendants, Plaintiff and his brother shared their father Ben

Brempong’s land and in doing so crossed over and lay claim to def