FOFIE AND ANOTHER V. WUSU

LAMPTEY JA

This appeal is from the judgment of Anterkyi J sitting at the High Court, Sunyani, dated 27 November 1979. Before the High Court, Afua Fofie (hereinafter referred to as “the plaintiff”) took action against her nephew, Kofi Wusu (hereinafter referred to as “the defendant”) and sought a declaration of title to two separate farm lands at Asennua on Sunyani stool land. Additionally, she sought the usual ancillary reliefs namely, (a) recovery of possession, (b) damages for trespass and (c) an order of perpetual injunction.

In due course, Yaw Donkor, a brother of the plaintiff, (hereinafter referred to as “the co-plaintiff”) was joined as co-plaintiff.

I must mention in passing that the co-plaintiff is the father of the defendant.

The defendant resisted the claims by the plaintiff and co-plaintiff. The defendant did not counterclaim for any reliefs. At the end of a protracted hearing, judgment was entered for the plaintiff against the defendant.

The co-plaintiff died before hearing wa…