NANA NWINWANWINWA IV v. MAAME YANKEH

The writ of summon that initiated this action was issued in this court onthe 8th of March, 2019. The

reliefs sought as endorsed on the writ of summons caused to issue against the

defendant state the following:

1. Declaration of title to the piece of land lying and situate at Bokoro and bounded by the

land of Alhaji, the rubblish dump and the land of Banyin Nketsiah.

2. Recovery of possession.

3. General damages for trespass.

4. Perpetual injunction restraining the defendant, his workmen, assigns, privies from

dealing with the said land.

On the orders of the court the parties filed pleading under Order 18 of District Court

Rules, 2009 [C.I 59]. Close of pleadings commenced after the filing of Reply on the

It would also be recalled from the record of proceedings that this matter commenced

before my brother His Worship Emmanuel K Boadu in April 2019 and upon series of

adoption of record of proceedings before four other Magistrates; same has culminated

in the present judgment. At the hearing, both parties elected not testify but were

represented by their respective Attorneys (See exhibits A and 1). The plaintiff called

four witnesses. The defendant called a single witness.

The evidence adduced in support of the case for the plaintiff is that an ancestor of the

plaintiff known as Nana Nwinwanwinwa I and the family migrated from Techiman, to

initially settled at Mpinstsin and subsequently at Mbodoba where they broke the virgin

forest at the present day Hotopo and Bokoro are situate. Persistent harassments from

their enemies compelled them to migrate to Ehera Mountains. The family later

migrated Ehera Mountains to Peti Aworo and finally settled at Bete-po. The name ‘Bete-

po’ was later corrupted to Hotopo. According to the plaintiff, Bokoro lands

traditionally form part of Hotopo stool land.

It is the case for the plaintiff that his family has exercised unfettered and undisturbed

possession of Bokoro lands from the time they broke the virgin forest and had exercised

unfettered rights on the said stool land including but not limited making many grants

people and corporate entities like Norplam, African Manganese Company Ltd and

Zoomlion among others. Plaintiff further asserted that defendant is a member of Ekissi

family, that originally migrated from Kamfakrom where they were hounded out by

their opponents for attempting to usurp the stool from the rightful owner where after

upon reaching Ewusiejoe; they inquired of the owners