NANA TWENEBOA v. AWO-KYE KWASI

AYEBI J. A.

This is an appeal against the judgment delivered in this consolidated suit by the High court sitting at Cape coast on 2nd day of June 2008. In suit No. E1/14/05, the plaintiff Nana Tweneboa is the defendant in Suit No. E1/15/05 referred to as the Queen-mother.

The defendant in suit No. E1/14/05 is the half-brother and representative of the plaintiff H. T. Olongo in suit No. E1/15/05. In this judgment I will refer to suit No. E1/14/05 as the first suit and suit No. E1/15/05 as the second suit.

In the first suit, the claim of the plaintiff against the defendant therein is for(a) A declaration of title to all that piece or parcel of land lying and situate at Akutuase and commonly called “Gaaware” and bounded by the properties of Kofi Bio, Auntie Connie and a “Subonka” and Opanin Kwaku Donkor.

b) An order that the sale of a cocoa farm to the defendant’s father called Opanyin Anomako (Adoma Kwao) by plaintiff’s family for £25 in 1945 does not give title to the defendant since the entire cocoa trees on the said cocoa farm has withered away and the land has become scrub-land.

c) General damages for trespass.

d) Recovery of possession.

e) An order of perpetual injunction restraining the defendant, his agents, servants, assigns etc.

from having anything to do with the land in dispute.

f) An order that the tenants cultivating the land attorn tenancy to the plaintiff.

In his statement of defence, the defendant also counter-claimed as follows: (a) A declaration that the said farm at Ekutuase Wassaw Fiasi, sold for £25. 00 on 10th July 1945 to Adoma Kwao is the self-acquired property of the Adoma Kwao family.

b) That by inheritance on the death of the Adoma Kwao, the farm belongs to his estate for the benefit of the beneficiaries of the estate.

c) A further declaration that the plaintiff is not entitled to interfere with the quiet and undisturbed possession of the said farm as enjoyed by the beneficiaries of the estate of the late Adoma Kwao.

d) An order of perpetual injunction restraining the plaintiff, her agents and assigns and any other person appointed by her or acting through or under her from interfering with the defendant’s rights and interest in the property.

e) An order for accounts of all monies collected and food crops harvested by the plaintiff.

f) Any other order(s) that the court may deem fit to make.

In the second suit H. T. Olongo in his capacity as the head of the Adoma Kwao family of Krobo Odumasi sued per the defendant in