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JUDGMENT
This is an action for declaration of title to land. The identity of the land in dispute is not
in doubt. It is said to be at Agona Kwaman Ahenbrom. It is also not in doubt that the
land belonged to the Twidan No.1 family of Agona Kwaman. The Plaintiff claims that
his predecessor whose name was given as Opanyin Kweku Nyame Yeadom acquired
the land through an unconditional gift from the then chief of Agona Kwaman to build
on. That the said Opanyin Nyame Yeadom put up three houses on the land and was in
possession of same until his death. That after his death, his successors continued with
possession of the building. That because of the frail nature of the building, he pulled it
down to construct a new structure on the land. However, quite recently, the Defendants
purporting to claim ownership of the land have wrongfully trespassed onto it despite
persistent objections by him. Unable to stop the Defendants’ unlawful claim to the land,
the Plaintiff filed a writ of summons on the 4th day of May, 2020 against the Defendants
for the following reliefs:
a. Declaration of title and recovery of possession of all that piece or parcel of land
situate and lying at Agona Kwaman and on which stood Opanyin Nyame
Yeadom house built for his Aboradze/Assini family and which is bounded by the
road leading to Anaafo J.H.S School, Maame Egyiraka’s house (wife of Opanyin
Nyame Yeadom), Maame Efua Oyisiwaa' house and Opanyin Nyame Yeadom’s
house built for his children and measuring about half of a plot.
b. Perpetual Injunction restraining the Defendant, his grantees, assigns, privies and
all persons claiming through him from having anything to do with the disputed
land.
c. General damages for trespass.
d. Costs.
e. Any other relief the Honourable Court may deem fit.
The Plaintiff filed alongside the writ, a statement of claim outlining the facts upon
which his claims were based. Even though the Statement was filed without the express
order of the court, due to the nature of the claim being one for declaration of title, I
deemed it prudent to endorse it in accordance with Order 18 of the District Court rules,
2009 (C.I. 59). In the Eighteen-paragraphed Statement of claim, the Plaintiff averred to
the effect that he is the accredited head or Ebusuapanyin of the Aboradze/Assini Family
of Asante Akyem Webiri and also the customary successor of the late Opanyin Kweku
Nyame Yeadom of Agona Kwaman and he brings the present action in both capacities.
That