BUOKERI TOKUORIAND OTHERS vs. MWINE KANDA

F.G. KORBIEH, J.A. This appeal emanates from the Circuit Court, Wa which was presided over by His Honour, Anthony K. Amoah-Aturu. It is important to recount the events that led to the appeal at this stage. The suit was ostensibly commenced by one Mwine Kanda who purportedly issued a writ of summons wherein he described himself as the “Yidana of Guo-Dorimon Traditional Area”. Mwine Kanda purportedly asked for the following reliefs from the court below: 1. a declaration of title to a large parcel of land lying to the western side of a foot path on the Wa-Dorimon road; 2. perpetual injunction restraining the appellants, their heirs, workmen and any person claiming title through them from interfering with “the plaintiff’s peaceful enjoyment of the land.”; 3. an order that the appellants remove their pegs from the land and 4. damages for trespass. The case for the plaintiff/respondent in the court below (as contained his pleadings) was that the plaintiff (i.e. Mwine Kanda) was ...