STEPHEN KWASI MORGAN SUING FOR HIMSELF AND ON BEHALF OF HIS SIBLINGS, HNO. AD 28, KWASI ADDAIKROM v. SAMUEL DANKWA

JUDGMENT

The plaintiff issued a writ against the defendant on 1st August, 2016 for the following

reliefs:

a. A declaration that all that parcel of land lying and situate at Kwasi Addaikrom

sharing boundaries with Kwasi Okom, Kwadwo Kinto, Bonsu Nkwanta main

road and Kwasi Addai main road is the property of the plaintiff.

b. An Order of recovery of possession of the said parcel of land from the defendant.

c. An order for perpetual injunction to restrain the defendant, his servants, assigns,

agents, workmen and all those claiming title through him from dealing with the

said land.

d. Damages for trespass.

e. Costs.

The defendant in his amended statement of defence counterclaimed for virtually the

same reliefs as the plaintiff.

THE CASE FOR THE PLAINTIFF

The plaintiff in his evidence in chief said that the land in dispute was carved in its

virgin state by his late father Paul Kwasi Botha after settling at Kwasi Addaikrom and

built a house on the land. Part of the house was affected by a road construction project

so the family was relocated to a wooden structure. In the course of time the road

construction company left so the plaintiff and his brother by name Kwame Apema built

a house at the location where their father’s house used to be. He further stated that his

late father (Paul Kwasi Botha) granted portions of the land to one Agya Mensah and

Tetteh Boateng.

In the course of time and at the instance of the chief of the town Nana Kwakye the

plaintiff gave half of the land to the chief in line with custom because the town had

grown to the outskirts. The plaintiff also said that he granted portions of the land to the

community through the unit committee chairman by name Osei Yaw in the presence of

the Krontihene Yaw Peko for the building of a center for weighing children. The

plaintiff also granted a portion of the land to Amajaro Company for the construction of

a borehole for the community. In the year 2000 the plaintiff granted a portion of the

land to the Jehovah Witnesses Congregation of which he is a member and drew a site

plan for them, a copy of which was admitted in evidence and marked Exhibit A. The

defendant then put a heap of sand on the disputed land and laid adverse claim to it

saying that the land was granted to him by one Kwame Peprah the chief of Kwasi

Addaikrom. The plaintiff contends that Kwame Peprah has never been the chief of the

town and the defendant has never been in possession of the disputed land. He