NANA BEDIAKO ATWERE v. OSEI OWUSU (ALIAS YAW OWUSU ACHIAW)

OWUSU, JSC.

On 18/05/11, the court unanimously dismissed the Appellant’s appeal. We now proceed to assign reasons for the dismissal.

This is an appeal against the judgment of the Court of Appeal, Kumasi: Coram: Mariama Owusu (Presiding), F. G. Korbieh and Irene Danquah JJA, delivered on 29th January, 2010.

The plaintiff/Respondent herein had by a writ of summons accompanied by a statement of claim issued in the High Court, Kumasi, claimed against the Defendant/Appellant herein the following reliefs:

(a) Declaration of title to all that 15 acre piece and parcel of building land compassing situate and lying at Amanfrom near Kumasi and bounded by the properties of Abondwoase Stool Land.

(b) Declaration that the Defendant is liable to forfeit the land described in paragraph (a) supra on grounds that the Defendant has breached the terms of the grant of the land described in paragraph (a) supra to him.

(c) Order for Recovery of Possession of the said 15 acre-parcel of land.

(d) Order of Perpetual Injunction against the Defendant herein whether by himself or his servants, agent’s workmen or assign from in anyway interfering with the Plaintiff’s possession occupation and enjoyment of the said plots.

The Appellants, resisting the Respondent’s claim, entered appearance and filed a statement of Defence and counter claimed for:

(a) Declaration of title to and recovery of possession of all that 15.4 acre piece and parcel of building land situate and lying at Amanfrom near Kumasi and bounded by the properties of Abondwoase Stool.

(b) Declaration that the defendant has complied with all the terms of the grant.

(c) An order of perpetual injunction to restrain the plaintiff, his agents, servant, workmen, etc. or any person claiming fitle through him from interfering with the defendant’s quiet enjoyment of the said land.

This statement of Defence and counter-claim was later amended with leave of the court granted on 26/02/07.

At the end of the trial, Judgment was delivered in favour of the Respondent in terms as follows:

“(a) Declaration that by his conduct the Defendant is liable to forfeit the land granted him by the plaintiff except the area developed by the Defendant for his school and denial and the plots the Plaintiff’s elders sold for the Defendant.

(b) An Order of Possession of all other within the fifteen-acre area originally granted except as specified above.

(c) Perpetual Injunction restraining the Defendant by himself his agents, servants and pri