[2023]DLCA17539November 23, 2023Court of Appeal

ANTHONY DWOMOH vs. YAW OWUSU, ADWOA APEA AND KWALIKWALI AII OF ACHIASE

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: The Circuit Court, Nkawie, by its judgment dated 29th November, 2019 entered Judgment in favour of the plaintiff/respondent and dismissed the counterclaim of the defendants/appellants, in respect of the disputed parcel of land/cocoa farm, at Achiase. It is this decision which is now on appeal before us. In this judgment, the designations of the parties at the court below would be maintained for ease of reference. BACKGROUND FACTS By his Amended Writ of Summons and Statement of claim filed at the Registry of the Circuit Court, Nkawie, the plaintiff sought the following reliefs: i. A declaration of title to a parcel of land at Achaise on Nkawie Stool land; Recovery of possession of cocoa farm and secondary forest which shares boundaries with Opanin Adu Kwame, Opanin Adu Twum, Osei Kwame and Akwasi Oppong at Achiase on Nkawie Stool Land; ii. An order for perpetual injunction restraining the Defendants herein, their allies, assigns, p...