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JUDGMENT
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