NANA BOAKYE vs KOFI POAKWA & 2 ORS.

JUDGMENT MENSAH-HOMIAH, JA: This is an appeal against the judgment of the High Court, Nkawkaw dated 23rd December 2019 by which the said court granted Plaintiff’s claims for declaration of title to land and awarded general damages for trespass in his favour. In this appeal, the main question for our determination is the adequacy of the damages so awarded in Plaintiff/Appellant’s favour. In tackling this question, we will also consider the legal basis for the award of damages for trespass in the peculiar circumstances of this case. The designation of the parties at the trial court will be maintained in this appeal. At the High Court, the Plaintiff had sought the following reliefs for himself and his siblings at Kwabeng: (i) A declaration of title to and (sic) possession of all that farmland situate at Abodwosu on Kwabeng Stool Land and bounded by the properties of Op. Kwabena Dede, Opanin Sefah Op. Kune, Yaw Donkor, Maame Krah, Abodwosu Stream, Bomaa Citizens. (ii) Damages for...