VALENTINE STEPHEN KWASI GANYO v. NICHOLAS TETTEH & ORS

MERLEY WOOD J.A

This is an appeal from the judgment of the Circuit Court, Akropong-Akwapim delivered on 18th November 2016. In that judgment, the trial court entered judgment for the Plaintiff/Respondent for a declaration of title and recovery of possession in respect of a piece of land described in his Writ of Summons and also restrained the Defendant/Appellant by themselves, privies or assigns, workmen, servants and successors in interest from interfering with the Plaintiff/Respondent’s possession of the said land.

The Plaintiff/Respondent issued out a Writ of Summons on 26th April 2010 which was amended on 5th December 2011 for the following reliefs:

i. A Declaration of Title of all that piece or parcel of land forming part of the land situate, lying and being at Agomanya Kenglesi in the Eastern Region of the Republic of Ghana containing an approximate area of 0.23 of an Acre more or less and bounded by properties of the North by Gyimah’s property, East by Osaum’s property, South by Isaac Afi’s property and West by Tettey Kwame Azinyo’s property which said piece of land is more particularly delineated on the plan attached hereto.

ii. Recovery of possession of the property.

iii. Aggravated damages for trespass on the property.

iv. Special damages for the destruction of the farm house at estimated cost of GH¢300.00.

v. A perpetual injunction restraining the Defendant herein by themselves, their agents, servants, workmen, privies, assigns and successors in interest, disposing of portions, or the whole of the said land or developing or constructing hereon or doing any act which how so ever may interfere or disturb the plaintiff’s right of possession and quiet enjoyment.

vi. Any other order as this Honourable Court may deem fit.

In his Statement of Claim, the Plaintiff/Respondent avers that in 1998, he bought the land in dispute from Tetteh Kwame Azenyo of Agormanya and was in peaceful occupation of same till the early part of December 2009 when the Defendant/Appellant and his brother Nicholas Tetteh (now deceased) trespassed unto portions of the land by removing his boundary pillars and replacing them with new ones and also destroying his piggery. He further averred that after he reported the incident to the Police at Odumase and this led to the arrest of the Defendants and their being arraigned before Court and subsequent discharge, they went and destroyed the Plaintiff/Respondent’s farm house, cut down trees which led to a boar dying and the dama