KOFI III vs. AKRASI II AND ANOTHER

This is an appeal against a decision of Lamptey J in which the learned judge dismissed the plaintiff-appellant's claim before the High Court. The reliefs sought in the High Court were as follows: “(1) Declaration that by adversely claiming absolute title against the plaintiff to all that land near Akim Adowsena commonly known and called Ajenjua (hereinafter referred to as the Ajenjua land), the defendant, his agents servants and grantees have forfeited the right to farm upon or otherwise occupy the said Ajenjua land or any portion thereof. (2) Recovery of possession of the said Ajenjua land occupied by the defendant, his agents servants or grantees.” The parties filed their pleadings and the following issues were set down for determination: “(i) Whether the inhabitants of Ajenjua were immigrants who obtained plaintiff's permission to settle on Adowsena land. (ii) Whether the inhabitants of Ajenjua fled and their settlement consequently fell into ruins. (iii) Whether the fac...