[1999]DLCA7501October 26, 1999Court of Appeal

REV. SAMUEL KWABENA OFEI (PLAINTIFF) vs. KWABENA AMOAFO AND TWO OTHERS (DEFENDANT)

BROBBEY J. A. This case of the appellant who was the plaintiff at the trial court was that he was one of ten Akuapem citizens who acquired virgin forest in 1954 at a place called Atom on Nkawie and Nyinahin stool lands. The lands were granted to them by Nana Kwasi Duah and Nana Kofi Marfo, chiefs of Nyinahin and Nkawie respectively. They were actually demarcated for them by the chief of pomaakrom with the authority of the chiefs of Nkawie and Nyinahin. The appellant averred that he developed his portion of the land by making farm and planting cocoa trees. He even gave part of his land to one Kwame Tano testified as PW1. The appellant described the boundaries of his land by naming his boundary owners. He added that in 1978 a surveyor who demarcated its actual boundaries made a plan of his land for him. According to the appellant, Kwame Tano said his father had given him land to farm upon. That was in 1981. While working on the land of the appellant before 1981 Kwame Tano used to...