NANA KWAHIN v. v. OPANYIN KOJO SRAHA ALIAS CHARLES QUANSTIN W.O. RTD

Per an amended writ of summons and statement of claim filed pursuant to the leave

of the court granted on 25th March 2021, the plaintiff claims the following reliefs

against the defendant;

a) A declaration of title to the portion of lands at Kwahinkrom, generally known

as Emirase and Wawase Lands, as being part and parcel of Kwahinkrom Stool

Lands.

b) Recovery of Possession of the said land.

c) An order of perpetual injunction to restrain the defendant, his agents, servants

and assigns from interfering with the plaintiff's said land

d) General Damages for Trespass

e) And for any other order(s) the court may deem fit.

THE PLAINTIFF’S CASE

The plaintiff is the occupant of the Kwahin Stool, the chief of Kwahinkrom and the

Twafohene of Komenda. His ancestors include Nana Kwahin I, Nana Kweku Attom,

Nana Kweku Aiyensa, Nana Kwamina Ntsina, Nana Kobina Annan, Nana Kwamina

Bedu, Nana Kwahin II, Nana Kwahin III and Nana Kwahin IV. According to the

plaintiff, all the lands at Kwahinkrom are attached to the Kwahin Stool, and the stool

became owners through discovery.

He claimed that his ancestor Nana Kwahin I and Nana Komel came with their

individual black stools to establish Komenda after they conquered Etsi, disturbing the

smooth trade between Eguafo and Yabiw Kingdoms. He averred that Nana Kwahin I

later discovered and settled at Kwahinkrom, reducing the entire vacant virgin lands

to a secondary forest. He stated that Kwahinkrom lands are bounded on the South by

Kissi, at Kyekyebondo at the West, Bisease at Atwimado, Adom Wo Wim area to the

huge Bamboo Mangrove to Bessim at the North West, Dompoase at the North East

and Kukwaado at Kwahin Kukwaa Hill at the East.

It is the case of the plaintiff that all his predecessors exercised ownership rights over

Kwahinkrom lands, including the disputed areas known as Emirase and Wawase

lands which the defendant is now claiming. The plaintiff claims that history has it that

there was litigation between Kwahinkrom and Bisease. In the said suit, Bisease

claimed portions of Kwahinkrom lands. During the reign of Nana Kwahin III, the

farmers of Kwahinkrom Stool lands contributed to support the litigation. Thus they

were promised continuous stay on the land until the land was needed for equally

important projects.

The plaintiff claims that farmers from Kwahinkrom, including the defendant and his

family members and farmers from other villages under his stool, are on the lands with

the consent of