EBUSUAPANYIN AKUMA MENSAH vs. NANA ATTA KOMFO II

BARBARA ACKAH-YENSU, JA The genesis of this case is that the Plaintiff/Respondent herein issued a writ of summons against the Defendant/Appellant in a representative capacity as head of family of Sikaduase Ebiradze family of Ntankorful for himself and on behalf of the said family claiming ownership of a parcel of land in and around Ntankorful. He alleged that the virgin forest of the said land was first broken by his ancestors. The Plaintiff/Respondent sought the following reliefs: “ a. Declaration of title to all that piece or parcel of land commonly referred to as Norweh’s land and more particularly described in paragraph 3 of the Statement of Claim. b. Damages for trespass to the said land c. Perpetual injunction restraining the Defendants their agents, servants, workmen, privies and assigns from in any way interfering with the Plaintiff’s ownership and possession of the said land”. The Defendant/Appellant challenged the Plaintiff/Respondent’s capacity as Head o...