[2012]DLCA3099 • November 30, 2012 • Court of Appeal
YAW NKRUMAH vs. OPANIN KWAKYE
IRENE C DANQUAH JA The Plaintiff brought an action before the Circuit Court, Kumawu for and on behalf of his siblings claiming for the ejectment of the Defendants from Plot number A15 Bodomasi. Subsequently, the Plaintiff amended the Writ of Summons claiming for declaration of title to Plot No. 15 Bodomasi, recovery of possession and damages for trespass. By the amended Statement of Claim filed on 6/05/08, it was the case of the Plaintiff that his father by name Kwabena Nsafoa acquired the disputed land over 50 years ago when there was no plan covering the area. In 1965, a site plan was prepared to cover the area and his father’s land was numbered Plot 15, whilst Opanyin Yaw Duffour was allocated Plot 14. Plaintiff’s father registered Plot 15 in the name of his son Kwasi Prempeh at the Town Development Committee. His father, subsequently, made a gift of the plot to his wife Afua Kuma and upon her death, to all his children and ‘aseda’ was given in the presence of family mem...