[1959]DLCA2031June 25, 1959Court of Appeal

NKYI XI vs. KUMAH (BEDU SUBST.))

The plaintiff, by his writ of summons issued on the 19th day of June, 1948 in the Asin Confederacy Native Court “A,” claimed damages for trespass, and an injunction restraining the defendant, his agents and servants, from entering upon, or in any way interfering with the plaintiff in his ownership, possession and occupation of his stool land known as and called Basofi land, situate in the Asin Apimanim State. The suit was transferred to the Land Court. The plaintiff filed a statement of claim averring ownership of the said land by original settlement on it by his ancestors. The cause of action, as given both in the writ of summons and in the statement of claim, is that the defendant by his agents and servants entered upon a portion of the said land in May, 1948, and constructed a motor road thereon from a village called Nduaso, thereby damaging existing motorable roads and bridges thereon, and consequently obstructing the plaintiff’s tenants, James Brodie Apprey and others, en...