EBUSUAPANYIN J. K. EBI NYANKEKROM vs. NANA ADU KWAMENA II

HONYENUGA, J.A. This is an appeal against the judgment of the Circuit Court, Takoradi dated the 9th day of January 2007. The said court gave judgment in favour of the plaintiff/respondent. The facts of this appeal are that the plaintiff/respondent for and on behalf of his family instituted an action against the defendant/appellant claiming as follows:- “a. Plaintiff’s claim against the defendant is for declaration of title to all that piece or parcel of land lying and situate at Mfiase, near Agona Nkwanta and popularly referred to as “Mfiase Land”. b. Damages for trespass. c. Recovery of possession of the trespass and portions. d. Perpetual injunction restraining the defendant, his agents, assigns etc from interfering in plaintiff’s possession”. The Writ of Summons was accompanied by an eight paragraph statement of claim in which paragraph 3 depicts the boundaries of the land in dispute. The defendant/appellant also filed an appearance and later filed an ame...