ACHEAMPONG vs. BANTAMA GYASEHENE AND ANOTHER

LUTTERODT JA. This is an appeal against the judgment of the circuit court dated 5 March 1991. The facts giving rise to this action are very simple. The plaintiff-appellant who is a farmer obtained the leasehold interest in the disputed land from the Government of Ghana which had acquired the land in 1978. Thereafter he went into possession. Subsequently, the 1st defendant granted a portion of this land to the 2nd defendant who commenced building operations on it. When in spite of several warnings, the defendants would not desist from the acts of trespass, the plaintiff was constrained to institute an action in the Circuit Court, Kumasi, for a declaration that he is the lessee of the disputed land; damages for trespass; perpetual injunction restraining the 1st defendant, his agents and servants from interfering or dealing with the land in dispute. For some rather obscure reason, the learned judge gave judgment for the defendants and proceeded to award general damages of four hundred ...