[2010]DLCA3703April 30, 2010Court of Appeal

KWABENA ECHIE AND OTHER vs. AMA DONKOR

JUDGMENT BY COURT: The Appellants were the plaintiffs in the Court below. On the 13/11/2003, they jointly sued the Defendant in the High Court, Mampong-Ashanti, claiming the following reliefs: (1) A declaration of title to Plot No. 8, Block A situate, lying and being at a place commonly known as and called Tadieso or Tataforoso on Mampong stool land and bounded by Plots Nos. 4,12 and 7 which they claimed to be the ancestral property of the 2nd Plaintiff; (2) Damages for trespass; and (3) Perpetual injunction restraining the defendant, her agents, assigns servants and workmen from entering unto the land. The basis of the Plaintiffs’ claim. was that the land in question was the ancestral property of the 2nd Plaintiff who as head of family, had allocated portions of a larger tract of land to individuals for building purposes without any challenge form anyone; that the land in dispute had been in the possession of the 2nd Plaintiff’s immediate family who had always farmed ...