ADAMTEY vs. SHARDEY (CONSOLIDATED)

This is an appeal and cross-appeal from the judgment of the High Court, Accra, in which it granted a declaration of title to a portion of land claimed by the plaintiff, damages for trespass and an injunction restraining the defendant, his agents and servants but dismissed the claim of the plaintiff for forfeiture of the area occupied by the defendant. The parties will hereinafter be referred to as the plaintiff and the defendant as both parties have appealed from the decision. The subject-matter of this dispute is a large piece of land situate at Somanya in the Yilo Krobo State. The plaintiff contended that when the Krobos were driven from their original abode in the Krobo Hills his great grandfather, called Narh Kleki was the first to settle on the land in dispute. Since that first settlement, the plaintiff’s family had been in continuous occupation and during the period, had granted leave and licence to other families including the defendant’s family to occupy portions of the ...