AKUA GYANKYE OF PAKYI NKRUMAH V. KWADWO MENSAH FOR HIMSELF AND ON BEHALF OF HIS FAMILY MEMBERS OF PAKYI NKRUMAHTHE REPUBLIC

DZAMEFE JA

This is an appeal against the judgment of the Circuit Court Nkawie dated 22nd June 2011.

The plaintiff issued this writ for the following claims: -

1. Declaration of title, ownership and possession of all that piece of lands gave, bequeath and deviced to them in the Last Will of Opanin Kwame Tuah being bounded by the properties of:

a. Yaw Kyem, Yaa Amponsah, Yaw Bediako, Amadu Grushie, Kofi Dum and Adwoa Baako.

b. Kwadwo Nkrumah, Akua Mansah, Kofi Gyamera, Kwadwo Owusu, Koo Boye, Yaw Bediako, Op. Kwasi Opoku, Yaw Amponsem.

2. General damages for trespass.

3. Perpetual injunction.

The plaintiff/respondent simply referred to as plaintiff is a farmer who stays in Kumasi. The defendant/appellant, also a farmer, lives at Pakyi No.2. The land the subject matter of this suit belongs to one Opanin Kwame Tuah, deceased, who died on 6th August 2006. The plaintiff aver in his pleadings that the land in dispute was gifted to them by their late father in his last Will read on the 20th of Novemb…