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SAARAH V. ASUAH

(1962) JELR 82523 (HC)

High Court  •  29 Jun 1962  •  Ghana

Coram
BRUCE-LYLE J.

Appearances
J. Owusu-Yaw, for the plaintiff. A. P. Peprah for the defendant.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong>BRUCE-LYLE J. </strong></p><p style="text-align: justify;">The plaintiff for and on behalf of himself and the members of his family claims against the defendant:</p><blockquote><p style="text-align: justify;">(1) a declaration that he is entitled to one cocoa farm properly known as Mmetemano, situate, lying and being at Kwayemkwansu on the Kenyasi No. 1 stool land and bounded by the properties of Kofi Yamoah, Okyei, Boamah, Manu and Otim;</p><p style="text-align: justify;">(2) recovery of possession of the said farm;</p><p style="text-align: justify;">(3) £G200 damages for trespass to the said farm;</p><p style="text-align: justify;">(4) perpetual injunction.</p></blockquote><p style="text-align: justify;">The facts of this case as admitted by both parties are that one Kwabena Nti in his lifetime was invited by his father one Kofi Yamoah to come and live with him at Kenyasi. That Kwabena Nti whilst at Kenyasi, cultivated two farms called Mpede and Mmetemano on lands given to him by his father. That he first cultivated the farm called Mpede before the Mmetemano farm which is the subject-matter of this claim. The Mmetemano farm adjoined the farm of Kofi Yamoah, the father and they had a common boundary.</p><p style="text-align: justify;">The case for the plai…</p>

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