[2019]DLCA8696June 25, 2019Court of Appeal

ABENA GYABEA (HEAD OF THE IMMEDIATE MATERNAL FAMILY) ,KWABENA BADU (HEAD OF FAMILY) AND CHARLES ARTHUR (SUING FOR AND ON BEHALF OF PRINICPAL MEMBER OF THE IMMEDIATE MATERNAL FAMILY) (PLAINTIFFS/APPELLANTS) vs. KWAKU YEBOAH OF DORMAA AHENKRO, YAA ANIMAH OF ASIKASU NO.1 AND KRAMOH SIRIKYI OF ASIKASU NO.1

DZAMEFE, JA The plaintiff/appellant issued this writ at the High Court, Sunyani in the Brong Ahafo Region of Ghana against the defendant/respondent for the following reliefs: 1. Declaration that the plaintiff’s immediate maternal family owns all that piece and parcel of land, lying, situate and being at “ANYINASU” and which said land shares common boundary with Nana Kwaku Kumah (dec), Nana Kwame Donkor (the late Asikasuhene), Maame Afia Gyamaa (dec) and the “Anyinasu” stream 2. An order of perpetual injunction 3. Further orders 4. General damages for trespass The three plaintiffs are farmers at Asikasu No.1 in the Dormaa Central Municipality of the Brong Ahafo Region while the 1st defendant is a mechanic and the two others are farmers. The 1st plaintiff avers in his Statement of Claim that the land in dispute was acquired by her maternal grandmother by name Abena Gyabeah, together with his uncles Kofi Yeboah and Kwaku Boah jointly in its virgin state about 90 years...