[2011]DLCA3205July 29, 2011Court of Appeal

KWAKU ADUNA & 5 OTHERS vs. OPANIN YAW DONKOR

IRENE C DANQUAH JA This is an appeal from the Circuit Court, Kumasi dated May 13, 2010. In the said judgment title to the undeveloped land surrounding Plot No:41 Blk C situate at Fankyenebra on Nana Baworohene’s Stool Lands was granted to the Plaintiff. In addition the Defendants workmen, servants agents and whoever claims through them were perpetually restrained from having anything to do with the disputed plot. The brief facts of the case are these; The Plaintiff, suing in a representative capacity as the head of the Ekuona Clan of Fankyenebra, issued a Writ of Summons against the Defendants jointly and severally for the reliefs which were granted in the judgment supra. The Defendants are the children of the Plaintiff’s late Uncle called Opanin Kofi Asamyinaa who during his lifetime was the head of the Plaintiff’s family. In the Statement of Claim, the Plaintiff averred that the land in dispute was acquired by the family by virtue of the demarcation of lands in Fankyen...