[2009]DLSC2717 • October 28, 2009 • Supreme Court •
NANA KOFI ANTWI V. vs. KO SUPREME COURTBINA ABBEY (TEACHER) ODUPONG ABBEY & 2 ORS
The plaintiff, Nana Kofi Antwi V, sued the defendants for declaration of title and recovery of possession of land at Ayensuako, claiming ownership through ancestral purchase by Nana Kofi Antwi I (Ofinam) from the Duakwa Stool in 1910, supported by documentary evidence (receipt and indenture). The defendants claimed joint ownership with Osimpo, a relative, alleging the land was purchased jointly. The dispute arose after the defendants felled palm trees on the land and the plaintiff resisted a claim by a third party who purported to assert rights over the land. The plaintiff also alleged trespass and sought damages and injunctions.
read moreANSAH, J.S.C. The plaintiff sued the defendants in the High Court, Agona Swedru, for (a) a declaration of title and recovery of possession of a piece or parcel of land situate lying and being at a place commonly known and called Ayensuako and bounded as follows on the North by Kwa-Baa, Kobina Dadzie, Okuta and Ayensuako stream On the North by Kojo Ahoro, Kwa-Otuo, Kwaku Bu. On the East by Kojo Ahoro, Ofadaa lands. On the West by Ayensu River. (b) ¢20,000,000.00 general damages for trespass. (c) Order for accounts, and; (d) Perpetual Injunction restraining defendants and agents and assigns from interfering with plaintiff’s peaceful enjoyment of the land in dispute. In support of his case, the plaintiff stated Nana Kofi Antwi I, also known as Ofinam, first settled on the land in dispute as a tribute paying tenant to the Duakwa Stool. In 1914 he agreed to a request by his brother Osimpo the herbalist and his children, to join him to till the land. They went to the land ac...