KWAW vs. AWORTWI

JUDGMENT OF ESSIEM J.A. The plaintiff-respondent (hereinafter referred to as the plaintiff) instituted this action against the defendant-appellant (herein after referred to as the defendant). The claim of the plaintiff as indorsed in his writ of summons was for: “(a) damages for trespass to the plaintiff’s cocoa farm situate at Wassaw Damang; and (b) perpetual injunction restraining the defendant, his agents servants and workmen from committing any acts of trespass on the plaintiff s cocoa farm aforesaid.” From the pleadings, the plaintiff’s case is that about 27 years before the institution of this action he, as a native of Wassaw Damang, with the consent and concurrence of the then chief of Wassaw Damang entered a piece of virgin forest at Wassaw Damang, broke the same and reduced it into cultivation. He had made three sets of cocoa farms on the land. The cocoa is bearing fruits and he has been harvesting same for years without interference from any person. R...