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NANA AMA AMPONSAH V. FRANKLYN AMOAH NYAMAAH

(2009) JELR 68457 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/10/2008  •  11 Feb 2009  •  Ghana

Coram
WOOD (MRS) C.J (PRESIDING), ANSAH J.S.C, DOTSE J.S.C, ANIN YEBOAH J.S.C, BAFFOE-BONNIE J.S.C.

Judgement

J U D G M E N T

ANSAH, J.S.C.

The plaintiff sued the defendants in the High Court, Agona Swedru, for

(a) a declaration of title and recovery of possession of a piece or parcel of land situate lying and being at a place commonly known and called Ayensuako and bounded as follows on the North by Kwa-Baa, Kobina Dadzie, Okuta and Ayensuako stream

On the North by Kojo Ahoro, Kwa-Otuo, Kwaku Bu.

On the East by Kojo Ahoro, Ofadaa lands.

On the West by Ayensu River.

(b) ¢20,000,000.00 general damages for trespass.

(c) Order for accounts, and;

(d) Perpetual Injunction restraining defendants and agents and assigns from interfering with plaintiff’s peaceful enjoyment of the land in dispute.

In support of his case, the plaintiff stated Nana Kofi Antwi I, also known as Ofinam, first settled on the land in dispute as a tribute paying tenant to the Duakwa Stool. In 1914 he agreed to a request by his brother Osimpo the herbalist and his children, to join him to till the land. They went to the land acknowledgin…

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