MR. I . K. GYASI v. NANA OFOSU SARPONG KUMAMKUMA & ANOR

ASIEDU, JSC:

[1.0]. INTRODUCTION

My lords, this is an appeal from the judgment of the Court of Appeal, Kumasi, delivered on the 21st December, 2023 in favour of the Plaintiff/Appellant/Respondent (hereinafter referred to as the Respondent). In the said judgment, the Court of Appeal set aside the judgment of the High Court, which judgment of the High Court had been delivered in favour of the Defendants therein. The 2nd Defendant/Respondent/Appellant shall hereinafter be referred to as the Appellant.

[2.0]. FACTS

By an amended writ and statement of claim issued out of the Registry of the High Court, Mampong, the Respondent claimed against the 1st Defendant and the 2nd Defendant/Respondent/Appellant (hereinafter called the Appellant) the following reliefs:

a. Declaration of title and recovery of possession of all that parcel of land situate and being at a place commonly known and called Jetiase (Agric) sharing BOUNDARIES with Samanpa Stream, Mampong Technical College of Education, Dotire Stream, Abuom Stream and Bonkrom Stream being part of vast land acquired by Kumwaa now property of Kumwaa family of Mpantuase.

b. An order of perpetual injunction restraining the defendants, their assigns, privies, workmen, labourers successors in title and any one claiming through them from having anything to do with the land described in relief ‘A’.

c. General damages against the defendants for trespassing unto (sic) the plaintiff’s family/stool land.

d. Any other relief(s) the Honourable Court deems fit to grant.

[2.1]. The Respondent averred that the Respondent is the Abusuapanin of the Kumwaa family of Mpantuase near Nsuta in the Ashanti Region, and commenced the instant action for himself and on behalf of the said family. It has been the case of the Respondent that the disputed parcel of land was acquired by the Respondent’s great grandmother, one Nana Atwiwetima (Awiwetiamah) through purchase from Beposohene Bira Appiadu. That the Respondent’s great grandmother purchased the disputed parcel of land together with and shared same with the then Nsutahene, Tabiri Hemanin. The Respondent averred further that the Respondent’s family is also known as Adakor, which is part of the Oyoko family of the Ashanti Kingdom. That at the time the Respondent’s great grandmother acquired the disputed parcel of land, the Kronti and Akwamu Stools of Nsuta had not been created. That subsequent to the creation of the Kronti and