OSEI KWAKU vs. OPANIN KOFI MARFO AND ATTA TWUM

AYEBI J.A. This is an appeal against the judgment of the Mampong-Ashanti High Court which affirmed the decision of the District Court, Mampong. Before the District Court, the respondents were the plaintiffs while the appellant was the defendant. The claim of the plaintiffs was for declaration of title to and possession of a farm land situated and lying at a place commonly known and called Ebuoso at Ebuoso on Asante Mampong stool lands bounded by the properties of Nana Kwaku Owusu, Opanin Kwame Apraku, Madam Afia Subi and of the defendant which land the defendant has trespassed on and is claiming despite repeated complaints. The plaintiffs also claimed perpetual injunction to restrain the defendant, his workmen and anybody who claims any interest in the land through the defendant as well as GH¢1,000.00 damages for trespass. The plaintiffs did not attach a statement of claim. But defendant filed a statement of defence in which he claimed the land as his ancestral property. He r....