IRENE C. DANQUAH JA
This appeal emanates from the decision of the Circuit Court, Duayaw-Nkwanta dated 20th February 2006. The Plaintiff issued a Writ of Summons against the Defendants claiming for the following reliefs:
a. A declaration title, recovery of possession and ownership of all that tract of Land at a place commonly known and called as KWAWARE on Duayaw-Nkwanta Stool Land and sharing boundaries with Amma Kramo, Afia Fofie, Kwaku Afari, Amma Donkor and Kwame Buor.
b. General damages for trespass.
c. An order of perpetual injunction restraining the Defendants their agents, servants workmen and assigns and others claiming through the Defendants in anyway alienating or interfering or dealing with the land specifically mentioned above.”
On the service of the Writ and Statement of Claim on the Defendants, they filed a defence to the action and the 1st Defendant counterclaimed as the customary successor of the late Kofi Mensah of Kenyasi in the Ashanti Region for the following: