VERONICA ATTAH WANAYE AND FRANCIS ATTAH SUING FOR AND ON BEHALF OF THE DESCENTANTS OF ATTAH KWEKU OF AHAMANSU v. KENNEDY OWUSU OF AHAMANSU

JUDGMENT.

The Plaintiffs filed the suit against the Defendant in respect of the District Court

Rules, 2009, c I 59, Order 2 Rule 3(6) for the following reliefs:

1. Declaration of title of all that piece or parcel of land situate, lying and being

at Ahamansu and bounded on all sides by Kwesi Berku, Larry Secorm,

Amudzuvi Amegah on the other two sides which land was acquired by the

Plaintiffs’ grandfather Attah Kweku by means of inheritance since time

immemorial.

2. Perpetual injunction restraining the Defendant or his agents or servants from

interfering with the disputed land.

SUMMARY OF SUBJECT MATTER OF CLAIM.

The first Plaintiff is the daughter of the late Attah Kweku whilst the second

Plaintiff is a grandson of Attah Kweku, and both are farmers resident at

Ahamansu.

The defendant is a business man living at Ahamansu. Plaintiffs state that

before the demise of Attah Kweku, he acquired a piece or parcel of land from

her forefathers at Ahamansu. Plaintiffs said, Attah Kweku was in peaceful

possession and occupation of the land by constructing buildings on same.

Plaintiffs continued that sometime go, there was a misunderstanding between

the defendant’s grandmother and one Yaw Oberku. At that time, Plaintiffs

added, their grandfather was having an uncompleted building structure on a

portion of his land, and therefore asked the Defendant’s grandmother to go

and complete the said building and occupy same. Plaintiffs continued further

that, after the demise of the Defendant’s grandmother the father of the

defendant called Kwaku Owusu succeeded his mother and both had

maintained the only two bed rooms given to the Defendants grandmother

called Maame Mansah, until he (defendant’s father) also passed on. The

Plaintiffs intimated that, about a month ago, the Defendant had heaped sand

on the adjoining land to the land given to his grandmother and started digging

foundation trenches without the consent and approval from the Plaintiffs and

their descendants. Consequently, the Plaintiffs took the matter to the chiefs

and elders at Ahamansu but the defendant insisted that the now disputed land

belongs to his grandmother. All efforts to let the defendant or his agents and

workmen desist from entering the now disputed land cannot succeed hence

this action. Wherefore the Plaintiffs claim against the Defendant as per the

reliefs endorsed on their writ of summons.

The Plaintiffs attached a motion on notice with an accompanying affidavit