ABENA GYABEA & 2 OTHERS V. KWAKU YEBOAH & 3 OTHERS
(2019) JELR 66071 (CA)
Court of Appeal
•
CIVIL APPEAL SUIT NO: H1/84/18
•
25 Jun 2019
•
Ghana
Coram
M. OWUSU JA (PRESIDING), S. DZAMEFE JA, M. WELBOURNE JA
Judgement
<p>DZAMEFE, JA</p><p>The plaintiff/appellant issued this writ at the High Court, Sunyani in the Brong Ahafo Region of Ghana against the defendant/respondent for the following reliefs:</p><p>1. Declaration that the plaintiff’s immediate maternal family owns all that piece and parcel of land, lying, situate and being at “ANYINASU” and which said land shares common boundary with Nana Kwaku Kumah (dec), Nana Kwame Donkor (the late Asikasuhene), Maame Afia Gyamaa (dec) and the “Anyinasu” stream</p><p>2. An order of perpetual injunction</p><p>3. Further orders</p><p>4. General damages for trespass</p><p>The three plaintiffs are farmers at Asikasu No.1 in the Dormaa Central Municipality of the Brong Ahafo Region while the 1<sup>st</sup> defendant is a mechanic and the two others are farmers.</p><p>The 1<sup>st </sup>plaintiff avers in his Statement of Claim that the land in dispute was acquired by her maternal grandmother by name Abena Gyabeah, together with his uncles Kofi Yeboah and Kwaku Boah jointly in its virgin state about 90 years ago. This land he said is …</p>