[1989]DLCA2278May 4, 1989Court of Appeal

MACLEAN II AND ANOTHER vs. AKWEI II

The plaintiff-respondent (hereinafter referred to as the plaintiff) took out a writ of summons as Mankralo and Acting Sempe Mantse against the defendants-appellants (hereinafter referred to as the defendants) for a declaration of title to a piece of land situate at Odorkor. He also claimed damages for trespass and an order of perpetual injunction to restrain the defendants, their agents and servants from interfering with the plaintiff’s said stool land. The first defendant, the Mantse of South Odorkor and Acting Akumajay Mantse, denied the claim by the plaintiff and counterclaimed for a declaration of title to a land popularly known as Opete Kpakpo. He also claimed for recovery of possession, damages for trespass and an order of perpetual injunction against the plaintiff, his agents and servants. The second defendant to whom a portion of the disputed land had been sold denied the plaintiff’s claim and counterclaimed for damages, both special and general. On 28 March 1984, the lear...