EBUSUAPANYIN JACOB EMMANUEL ATTA BRACE vs. NANA TOOSI [2008]DLHC7411

Date	2008-05-05
Suit No.	LS 22/2001
Citation No.	[2008]DLHC7411

ALHAJI M.A. MUSTAPHA J.

[2008]DLHC7411
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													<main id="main" class="content" style="min-height: 60rem" >EBUSUAPANYIN JACOB EMMANUEL ATTA BRACE<o:p></o:p>vs.<o:p></o:p>NANA TOOSI<o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ALHAJI M.A. MUSTAPHA, J.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>On
18/7/01, the plaintiff commenced the present action by a writ of summons and
accompanying statement of claim. The endorsement on the writ of summons are for
the following reliefs:— <o:p></o:p>a)
Declaration of title to Kusuku Bonsam, which is part and parcel of Eburbonko
Stool lands. <o:p></o:p>b)
Recovery of possession. <o:p></o:p>c)
An order for accounts in respect of annual Tolls for the use of the land. <o:p></o:p>d)
Perpetual injunction restraining the defendant, his agents, workmen, assigns
and all those claiming through him from having anything to do with the land in
dispute. <o:p></o:p>The
defendant entered appearance and filed a statement of defence on 19/3/02. On
5/6/02, the plaintiff filed a reply to the defendant's statement of defence. At
the close of pleadings, the following issues were set down for determination: <o:p></o:p>a)
whether or not Kusuku Bonsam land is part and parcel of Eburbonko land. <o:p></o:p>b)
whether or not Kusuku Bonsam belongs to the defendant Adwenadze family. <o:p></o:p>c)
Whether or not the plaintiff's Akua Boafo Anona Stool family of Eburbonko is
the owner of the Kusuku Bonsamu land. <o:p></o:p>d)
whether or not the plaintiff's ancestor Ekow Eduakwa made a grant of Kusuku
Bonsam land to the defendant's ancestor to cultivate and feed on. <o:p></o:p>e)
whether or not the land transaction between the plaintiff's ancestor and the
defendant's ancestor was to last for the lifetime of the defendant's ancestor. <o:p></o:p>f)
whether or not the defendant and his family have laid adverse claim to the land
in dispute and driven away the plaintiff's tenant farmers. <o:p></o:p>The
defendant filed two additional grounds as follows:— <o:p></o:p>1)
whether or not Kusuku Bonsam land the subject-matter in dispute forms part and
parcel of Amoyaw land whose virgin forest was broken by the founder of Amoyaw
by original settlement, occupation and cultivation. <o:p></o:p>2)
whether or not the defendant's Adwenadze family had/has enjoyed ownership and
possession of this land the subject matter in dispute without let or hindrance
from anybody until the recent acts of the plaintiff. <o:p></o:p>The
plaintiff's case is that he is the head of Akua Buafo Anona Family of Eburbonko
and the Eburbonko lands belong to his family. It is the case of the plaintiff
that his family's title to Eburbonko lands have been vindicated in a number of
suits, including those listed in the statement of claim. All families living on
Eburbonko lands do so by the leave and license of the plaintiff's family.<o:p></o:p>In
his evidence, the plaintiff stated that as a result of the suit entitled Ekow
Eduakwa versus Ekow Amatsir in 1890, the people of Amoyaw were ejected from
Amoyaw. Plaintiff stated further that as Ekow Hyirebura was marrying Ama
Egyarimba, a niece of Ekow Hyirebura, she was asked to stay instead of leaving.
In addition to allowing Hyirebura to stay, Ekow Eduakwa, chief of Eburbonko was
allocated with Kusuku Bonsam, the land in dispute, to farm on it to raise funds
to take care of the children. <o:p></o:p>The
plaintiff tendered in evidence exhibit 'B', the judgment in the suit. Plaintiff
explained that it was agreed that when Hyirebura passed away, the land, Kusuku
Bonsam would go back to the people of Eburbonko, the owners of the land.
Plaintiff stated that Ekow Hyirebura has since died long ago. <o:p></o:p>Next
plaintiff added that an Indenture was prepared in 1891 between Ekow Eduakwa and
Ekow Hyirebura in respect of the Kusuku Bonsam land stating the terms of the
grant of the land. This document was tendered in evidence as exhibit 'C'. The
document was prepared in 1891 and it appears old and weak. <o:p></o:p>The
plaintiff stated that in recent time, the defendant and his family are claiming
ownership of Kusuku Bonsam land and the surrounding lands. He said the
defendant and his family are preventing and driving away all the tenant farmers
from the land. <o:p></o:p>As
a result of those developments, the plaintiff invited the defendant, with a
view to</main>