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JUDGMENT
JUDGMENT
On the 7th of September, 2022 Plaintiffs commenced this action against Defendant seeking
the following reliefs:
1. Plaintiffs jointly and severally sue Defendant for declaration of title and recovery
of possession of all that piece or parcel of land measuring 3.5-acres more or less
situate, lying and being at a place commonly known and called “Kwaem” on Akim
Bontodiase stool lands bounded by the properties of Yaw Anane, Akosua Serwaa,
Kwadwo Boye and a footpath, which Defendant has encroached unto and
claiming same without the consent and concurrence of Plaintiffs and all efforts
made for Defendant to stop have proved futile.
2. An order for general damages of GHc10,000 for wining sand and cultivating cocoa
on 1.5-acres of the land without the consent and authority of Plaintiffs.
3. An order for vacant possession of the land described supra.
4. Interim restraining order for Defendant, his assigns, workmen, personal
representatives etc. from having anything to do on the said land until the final
determination of the suit.
Defendant pleaded not liable to all the claims of Plaintiffs except claim 4 that he pleaded
liable.
The summary of subject matter of claim are that:
1. Plaintiffs are cousins and also farmers resident at Akim Bontodiase
2. Defendant is also a farmer and resident at Akim Bontodiase.
st Plaintiff says she was gifted the said 3.5-acres of land on the 1st of January,
2006 by her aunt Afia Serwaa.
st Plaintiff says her aunt Afia Serwaa granted the said 3.5-acres of land to one
Kwasi Krobo (deceased) to cultivate oil palm and it was uprooted at the end of
the useful life of the palm trees.
st Plaintiff says that one Kanney who is the son of Kwasi Krobo also cultivated
maize after the death of his father.
st Plaintiff says the said land had been granted to one Kofi Duku who has
cultivated cocoa farm on a portion of the land.
7. Plaintiffs say that they have been in possession of the said land without let or
hindrance until April, 2022 when Defendant herein cleared 1.5-acres out of it and
planted cocoa and has also won sand from the remaining land.
8. Plaintiffs say Defendant’s attitude is injurious, vexatious and a calculated
attempt to deprive Plaintiffs of their property.
9. Wherefore Plaintiffs sue Defendant as per their reliefs on the writ of summons.
The evidence-in-chief of Plaintiffs was given by the 2nd Plaintiff, Patrick Yaw Frimpong
who was elected to give evidence for himself and a