D.K.G. ADDAE SUING FOR HIMSELF AND FOR AND ON BEHALF OF BROTHER AND SISTERS vs. AMA KUMAH

This is an appeal from the decision of Kumasi District Court presided over by His Honour Judge F.O. Afriyie, sitting as an additional magistrate. In that court, the plaintiff/respondent claimed declaration of title to a piece of farmland said to be at a place called “Asuo Abenaa” on Esaase stool land and shares boundaries with the properties of Abena Bruwa, late Opanin Kwakye and Chief Inspector Afriyie. He also prayed for an order of perpetual injunction, ¢2 million (Old Cedis) damages against the defendant/appellant for destroying young cocoa plants on the disputed land and general damages for trespass. From the record no evidence was led proof of the ¢2million which claim is in the nature of special damages. The trial district court made no order in that regard. As a result this court will not consider that relief in this appeal as it was clearly abandoned by the plaintiff. The defendant denied the claim of the plaintiff and put up a counter-claim for a parcel of land al...