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AGYEMAN VII V. NKUM AND ANOTHER

(1980) JELR 65144 (HC)

High Court  •  19 Jun 1980  •  Ghana

Coram
SARKODIE J.

Judgement

SARKODIE J.

The plaintiff claims against the defendants a declaration of title to a piece of land with a cocoa farm thereon situate at Mpokuampa, Bibiani and commonly called “Sahuma.” According to him he shares boundaries on one side with Ekua Seguah, and on another with Kwabena Ennin. On the third side the land is bounded by the farm of Kwaku Duro and on the fourth side by the motor road from Bibiani to Abrofrem. Also he claims an order for possession, perpetual injunction, ¢20,000 damages for trespass and an order for an account of cocoa proceeds from 1969 to 1978.

The plaintiff, the Omanhene of Lower Dixcove in the Western Region, is the successor of two of his late uncles, Nyame Bobuo and Kwesi Bomua who, according to the plaintiff settled at Bibiani about 1910, obtained the land described above from the chief of Nkawie and in about 1912 made a cocoa farm on it. Since the death of the last of the two uncles in 1941, the plaintiff says he has been in possession and control of the sai…

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