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JUDGMENT
JUDGEMENT
The judgment herein stems from a unit of summons issued by the plaintiffs against the
defendants as required by the District Court Rules, 2009, CI59 Order 2, rule 3 (6) for the
following reliefs:
1. Declaration of title and ownership of all that piece or parcel of farmland situate,
and lying at a place commonly known and called Kordibenu and bounded on one
side by Tulasi Kodzo,
On another side by Armstrong Owusu,
On the third side by one Bona, and on the last side by a stream.
2. An order for perpetual injunction restraining the defendants, their agents, or
labours from entering the disputed land until the final determination of this action,
and
3. Cost
SUMMARY OF SUBJECT MATTER OF CLAIM
Plaintiffs are farmers resident at Okadjakrom and bring this action against the
Defendants jointly and severally for and on behalf of their other siblings from
Okadjakrom. The Defendants are a retired police officer and farmer living at Okadjakrom,
and Djindjin respectively. The Plaintiffs aver that their grandfathers were driven away to
their current place of abode by the Buem and Ashanti Wars in the year 1892. They
(Plaintiffs) state that the Buem land stretches from Jasikan to Akporsor, and share
boundary with the people of Akporsor in the Republic of Togo.
So, after driving of the Ashantis away, the Paramount Chief of Buem Traditional Area,
(one Torgbi Akpandja) requested all the natives of Buem to cultivate the land on which
the Ashantis have been driven away from. The Plaintiffs continued that their father
consequently cultivated cocoa farm on a portion of the land in dispute; and it is bounded
on one side by Tulasi Kodzo,
On another side by Armstrong Owusu;
On the third side by Bona, and
On the last side by a stream.
They (Plaintiffs) contained that they were in peaceful possession of the said cocoa
farmland, until the demise of their father, where they and their siblings are now in
possession of the cocoa farm. Plaintiffs added that the first Defendant (D1) being a native
of Okadjakrom, also has a cocoa farm on a different portion of the land given to them.
But about a month age, the (Plaintiffs) went to their farm and noticed that the second
Defendant (D2) was cultivating a portion of their
(Plaintiffs) land, and when he was questioned, he said that it is the first Defendant
(D1) who pledged the farm to him. Plaintiffs continued further that they summoned the
first Defendant (D1) before Nana Owusu Sekyere but, he (