NANA ADU SEKYERE SUING AS THE CUSTOMARY SUCCESSOR TO THE LATE TWENEBOAH-KODUAH OF THE ATOBRA ROYAL FAMILY OF NWOASE v. OPANIN KUDOM KWAKU OF NWOASE

The plaintiff herein as per his writ of summons filed on the 18th day of February,

2022 sought from this court and against the defendant herein the following reliefs;

(a) A declaration of title to and recovery of possession of all that piece of farmland

situate, and being at a place commonly known and called “NKRUBIO” on

Nwoase stool lands and bounded by the properties of the late Kwame Bano, the

late Ama Brimaa and a path leading to Bonkaa respectively.

(b) A declaration of title to and recovery of possession of all that parcel of farmland

situate and being at a place commonly called “Bonkaa” on Nwoase stool lands

and bounded by a path leaving to “Bonkaa”, the late Op. Kwame Bano, Op.

Abuu Akete and Maame Appiagyei, respectively.

(c) Declaration of title to and recovery of possession of all that piece of farmland

situate and being at a place called and known as “Konkomba” on Nwoase stool

lands and bounded by the properties of Konkomba village, KwasiDuku and

Tawiah respectively.

(d) General damages for trespass.

(e) Perpetual Injunction restraining the defendant his assigns, agents workmen,

privies, etc. from entering or interfering with the plaintiff’s said farmland.

From the parties pleadings filed, the court set the following issues down for trial.

(1) Whether or not the said disputed land described by the plaintiff in his writ of

summons are the property of the plaintiff’s Atobra Royal Family;

(2) Whether or not the plaintiff and his said family have any title to the disputed

lands;

(3) Whether or not the defendant herein committed any act of trespass onto the

disputed farmlands;

(4) Whether or not the plaintiff is entitle to a recovery of possession of the said

disputed lands.

(5) Whether or not the plaintiff is entitle to any general damages for the any

trespass.

(6) Whether or not an order will lie for an injunction against the defendant herein.

The totality of the evidence of the plaintiff in proof of his claims consisted of his

evidence in-chief and the testimony of his sole witness.

The plaintiff said he is Adu Sekyere and he is a teacher and lives in Wenchi. That

the disputed land was originally acquired by the late Yaw Ameyaw, Kwaku Sekyere

and Kwabena Ofori in its virgin state on Nwoase Stool Lands. That the land at

“Nkrubo” shares boundary with the late Op. Kwame Bano and Ama Bremaa (who is

also family member) and then the path leading to Bonkaa village.

That the land at “Bonkaa” shares boundary with the la