KYEAME APPIAH vs. DANIEL MENSAH

The plaintiff, Kyeame Appiah, on behalf of himself and siblings, sued the defendant, Daniel Mensah, claiming ownership and possession of a disputed farmland located at Moamoaso or Nyamfa Tie on the Nsawkaw Stool Land. The plaintiff alleged the land was jointly acquired by his late father and uncles about 80 years ago and that he and his siblings have farmed there for 35 years. The defendant claimed the land was acquired by his late uncle, Kofi Panin, and that he succeeded his uncle in possession, having cultivated oil palm and cashew trees. The dispute arose after the plaintiff granted a portion of the land to a tenant who planted cashew trees, which the defendant uprooted. The plaintiff sought declaration of title, possession, damages for trespass, injunction, and recovery of costs for uprooted cashew seedlings. The defendant denied the claims and counterclaimed for declaration of title and possession, damages, and injunction.

JUDGMENT This is an appeal from the judgment of the Wenchi District Court delivered on the 2nd day of June, 2021, by which the decision of the Trial District Court in the matter herein, a land cause, was delivered in favour of the Defendant. In these proceedings, I will retain the description of the parties which they had before the Trial District Court. The backdrop to the action herein may be briefly narrated as follows. The plaintiff, for himself and on behalf of his siblings, sued Defendant before the Wenchi District Court claiming the following reliefs: a. Declaration and recovery of possession of all that piece and parcel of farmland situate, lying and being at "MOAMOASO or "NYAMFA TIE" on the Nsawkaw Stool Land bounded by the properties of Asuwaba, Moamoa and Daniel Mensah. b. General damages for trespass c. An order for perpetual injunction. d. Recovery of the cash sum of GHC 4,000 being the cost of planting cashew seedlings, the defendant had unlawfully ...