AKWASI ATTA vs. AMA KOMFUO AND OTHERS

F.G. KORBIEH, J.A. The Appellant in this case was the Plaintiff in the District Court at Mamponteng where he had sued the 1st Respondent alone fro two reliefs which were (a) a declaration of title to and recovery of possession of a farm land situate, lying and being at place commonly called “Adubinsua” and (b) the award of ¢1,000,000.00 as general damages for trespass to his land. In the course of the trial the 2nd Respondent was joined to the suit as Co-Defendant. Following an order by the trial District Court for the parties to file pleadings, the Appellant filed a statement of claim on the 31/10/2003 in which he averred as follows: that he was a farmer and the “abusuapanin of Adubinsua”, that one day, whilst patrolling his land situate between Edwinase and Ebuoho, he noticed that the 1st Respondent had cleared part of his land on Adubinsua stool land for farming purposes; that after the 1st Respondent destroyed food crops he planted on that land cleared by him, he als...