[2018]DLCA5329January 23, 2018Court of Appeal

OPANIN KWADWO NYAMEKYE vs. MADAM AFUA FOFIE

ADUAMA OSEI JA: This is the judgment of this Court in an appeal filed by the Plaintiff/Appellant against a judgment of the Circuit Court, Juaben – Ashanti, delivered on the 9th of July, 2013. In this judgment, the Plaintiff/Appellant is referred to as “the Appellant”, and the Defendant/Respondent is referred to as “the Respondent”. The writ of summons that initiated the present suit was issued in the Circuit Court, Juaben – Ashanti, on the 21st of June, 2010 at the instance of the Appellant. By the indorsement on the writ of summons, the Appellant, as head of the Akosua Adoma Family of Ntonso in the Kwabre District of the Ashanti Region, claimed reliefs against the Respondent as follows: “1. A Declaration of Possessory Title to all that farm land lying at the outskirts of Ntonso Township commonly known as ‘Yeresere’ and having boundaries with the farm lands of: a. Kwame Frimpong, b. Paul Donkor, c. Akwasi Oduro and d. Baah Yaw. “2. An order of the Co...