OP. KWABENA HINNEH v. KWAKU TABIRI OF FETENTAA AND ABUSUA PANIN KWAME ADDO OF BEREKUM

J U D G M E N T

On the 5th day of March, 2019 the plaintiff herein commenced this action against the

1st defendant for the following reliefs:-

(a) Declaration of title and recovery of possession of all that farm land situated and

lying at a place commonly known and called Kwadwo Adjeikrom on Berekum

stool land bounded by the properties of Kwadwo Adjei (deceased), Kwame

Anto (deceased) and Feeder Road which said farm land belong to the plaintiff

but the defendant who has no land or farm at the place is laying adverse claim

to it by demarcating or carving part of the plaintiff’s land destroying the pear

trees and two big teak trees the plaintiff has planted on the land.

(b) General Damages for trespass.

JOINDER:-

After the plaintiff’s writ was served on the 1st defendant, one Abusuapain Kwame

Addo filed a motion on notice under order 9 of CI 59 to be joined as 2nd defendant to

the suit which the court granted.

PLAINTIFF CASE:-

The plaintiff in his evidence in chief before the court is that the disputed land was

acquired by his father Kwame Bosor (now deceased). The disputed land is bounded

by the properties of Kwadwo Anto (deceased), Kwadwo Agyei (deceased) and feeder

road.

According to the plaintiff his father died about 40 years ago and after the death of his

father he took possession of the land. He said that he has been working on it without

any hindrance until recently when he defendants wanted to lay adverse claim on the

land.

The plaintiff further averred that the 1st defendant went to the land to carve part of the

land. In the process destroyed the plaintiff’s pear trees and two teak tress on the land.

According to the plaintiff, when he confronted the 1st defendant of trespassing onto

his land, he told the plaintiff that it was the 2nd defendant who asked him to fell the

trees.

According to the plaintiff, the 1st and 2nd defendant have never cultivated any portion

of the land.

He reported the conduct of the 1st defendant to their head pastor because he and the

1st defendant attend the same church.

The prophetess adviced the 1st defendant to apologize to him though another person

but the 1st defendant failed to.

He therefore prayed the court to grant his reliefs. The plaintiff called two witnesses

to buttress his claims

DEFENDANTS CASE:-

The 2nd defendant testified on his own behalf and on behalf of the 1st defendant.

According to the 2nd defendant, the disputed land was acquired in its virgin state by

the gran