NANA KWAME GYABENG KYEMONO II & OTHERS v. THE FORESTRY COMMISSION & OTHERS

MARFUL-SAU, JA: - This appeal is against the judgment of the High Court sitting at Sefwi- Wiawso dated the 12th June 2009. In the judgment the trial High Court dismissed plaintiffs/appellants claims and also dismissed the defendants/respondents counterclaim except relief (iii). The plaintiffs to be known as appellants in this appeal by their amended writ of summons claimed the following reliefs against the defendants who are referred to as respondents herein:-

a) An order of perpetual injunction restraining the defendants their agents, assigns, workmen etc from re-demarcating or setting out new boundaries of admitted farms B1, B2, B8, B9 and B14 all situate in the Krokosua Forest Reserve in the Sefwi Juabeso District which said farms were demarcated and released by the Forestry Commission to the stools of families of which plaintiffs are occupants and heads respectively.

b) An order of perpetual injunction restraining the defendants from cutting down food crop cultivated on the admitted farms B1, B2, B8, B9 and B14 which has been cultivated by the plaintiffs and persons claiming title through them after the grant of same to plaintiffs by the defendants.

c) An order of perpetual injunction restraining the defendants and their agents especially members of the national security services from in any way harassing them and persons claiming title through them who are working on the admitted farms stated in reliefs (a) and (b) supra and in any way disturbing their quite enjoyment of the said admitted farms.

The respondents in the course of the proceedings were granted leave to amend their defence by counter-claiming for the following:-

i)A declaration that the sizes of admitted farms numbers B1, B2, B8 and B9 within the Krokosua Forest Reserve as they exist today far exceed the actual and or original farm sizes as gazetted by the Wiawso Group Forest Reserve Working Plan in 1935 as amended in 1954.

ii)A declaration that owners of admitted farms numbers B1, B2, B8 and B9 within the Krokosua Forest Reserve have unlawfully extended the boundaries of their farms into the forest reserve after these farms had been demarcated sometime in 2005.

iii) An order for re-demarcation of the original boundaries in respect of admitted farm numbers B1, B2, B8 and B9 using the Wiawso Group Forest Working Plan gazetted in 1935 as amended in 1954.

iv) An order destroying any farm made outside the original boundaries of admitted farm numbers B1, B2, B8 and B9 in the Krokosua Fo