SAMUEL KODUA AFRIFA v. KOFI KUSI

JUDGEMENT

Plaintiff claims for the following reliefs as amended

(a) Plaintiff seeks an order of the Honourable Court to re-demarcate the old

boundary features between the parties on all that cocoa farm which is situated

at NOBEMU on Mim stool land.

(b) Recovery of possession of all that in claim ‘A’ supra

(c) General damages for Trespass

(d) Perpetual injunction to restrain the defendant his agents, labourers, workmen,

assigns from dealing with the said boundary features

(e) Costs

The Defendant denied liability of all the Plaintiff’s claim and stated that he had a

reasonable defence.

EVIDENCE BY THE PLAINTIFF

This is a civil case filed by the Plaintiff on the 30th June, 2022 against the Defendant herein

claiming for re-demarcation of an old boundary features situate at NOBEMU on Mim

stool land and bounded by the properties of Agya Kwaku Baffour, Agya Kwabena

Yeboah, Opanyin Akwasi Marfo, Aunties Abena Frimpomaa and Teacher Atta.

According to the Plaintiff the disputed cocoa farm was acquired by his uncle Opanyin

Kofi Frimpong in a virgin state. He further contended that in 1979 his brother Samuel

Kodua made a Lazy Chair and the Uncle Opanyin Kofi Frimpong expressed his desire of

having one and his brother Samuel did same for him and thereafter promised him to pay

him a regular visit every year and this continued. He again organized funeral

arrangement in 1985 for the family after the death of their Uncle opanyin Yaw Kusi and

this made Opanyin Kofi Frimpong excited even though Samuel Kodua was the youngest

nephew amongst his nephews. He contended that in 1983 his brother Samuel again took

the mantle upon himself to make an arrangement to put Opanyin Kofi Berko’s corpse at

the mortuary and further organized his funeral rites and this made Opanyin Kofi

Frimpong happy and announced before the entire family gathering including his wife

and children that Samuel Kodua will succeed him after his death. Opanyin Kofi Frimpong again made another pronouncement before the family that his nephew Samuel

Kodua will still succeed him after he connecting pipe borne water in the family house.

He stated that his uncle Kofi Frimpong during his life time carved a portion of his cocoa

farm and gifted it to the Plaintiff’s Attorney and Opanyin Kofi Frimpong instructed his

son Kofi Kusi (Defendant) to plant flowers on the boundary as features and he did same

but the mother of Kofi Kusi uprooted same. According to the Plaintiff’s Attorney the

Uncle