[2021]DLCA10844May 5, 2021Court of Appeal

NANA OKYEKU vs. RUBBER PLANTATION GHANA LTD.

ANTHONY OPPONG JA: In June 2011, the Plaintiff/Respondent (to be referred to hereafter as respondent) sued the Defendant/Appellant (to be also referred to hereafter as Appellant) in the District Court, Akim Oda. The reliefs the respondent sought from the District Court were: “1. Recovery of possession of all that parcel of land situate lying and being at Topease near Asamankese on Asamankese Stool land bounded by the Asamankese- Kade motor road, on one side by Nkodan stream, on one side by the property of the defendants and on one side by Topease Methodist primary and JHS school; 2. General damages of GH¢5,000 for trespass to plaintiff’s land herein” The factual basis of the case of Respondent by way of the pleadings has it that the land originally belonged to Asamankese stool and same was acquired by Respondent’s grandfather in its virgin state for farming purposes about hundred years ago. Respondent’s family broke the virgin forest and cultivated cocoa and ot...