[2015]DLCA8317March 11, 2015Court of Appeal

OFFEI OHENE ASA vs. OBAAHEMAA BAFFOUR OPONWAAH II

The High Court Koforidua on 21st December, 2011 gave judgment in favour of the Plaintiff/Respondent (who would be referred to in this appeal as the Plaintiff) against the Defendant/Appellant (hereafter called the Defendant) for: “a. A declaration of title to a piece of land at Akwamu Abuakwa acquired from the late Nana Kwaku Akowuah II, Kontihene of Akamu Traditional Area on 12th and 16th March and May which the Defendant entered upon and destroyed his fruit crops, water pipe and concrete structure. b. General damages (GH¢3,000.00) for the destruction of the Plaintiff’s said items. c. Perpetual injunction against the Defendant and all person claiming through or by her from interference with the land”. The facts of the case were that the Plaintiff acquired the plot,the subject matter of the appeal from the late Nana Kwaku Akowuah the then Krontihene of Akwamu Abuakwa and his elders. The Defendant’s position was that at the time the Krontihene, Nana Kwaku Akowuah a...