EBUSUAPANYIN YAW ATTA (PLAINTIFF) vs. NANA OKOMDOM II AND EBO KOBINA (DEFENDANTS) [2010]DLHC7414

EBUSUAPANYIN YAW ATTA (PLAINTIFF) vs. NANA OKOMDOM II AND EBO KOBINA (DEFENDANTS... [2010]DLHC7414

Date	2010-05-26
Suit No.	SUIT NO. E1/18/05
Citation No.	[2010]DLHC7414

HIS LORDSHIP NICHOLAS C. A. AGBEVOR J.

MR. EKOW AMUA SEKYI FOR THE PLAINTIFF

MR. ACKAAH GYASI FOR THE DEFENDANTS.

[2010]DLHC7414
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													<main id="main" class="content" style="min-height: 60rem" >EBUSUAPANYIN YAW ATTA<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>NANA OKOMDOM II AND EBO KOBINA<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>COUNSEL:<o:p></o:p>MR.
EKOW AMUA SEKYI FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR. ACKAAH GYASI FOR THE DEFENDANTS. <o:p></o:p>

</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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HIS LORDSHIP NICHOLAS C. A. AGBEVOR 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>This
writ was issued by Abusupanyin Yaw Atta who described himself as head of the
Aboradze Family of Ekumfi Kotokwa and who claimed to have brought the action on
behalf of the said family, seeking for the following reliefs against the
defendants herein:— <o:p></o:p>1. Recovery of possession of all that
piece and parcel of land at Sefwi Essiem bounded by the land of Kofi Fofie,
Akomea, Owuo, Kofi Kye, Opanyin Kow Kra and a footpath. <o:p></o:p>2. An order compelling the defendants
to account for all proceeds accruing from the said land from 2003 to date. <o:p></o:p>3. An order compelling the defendants
to pay all proceeds accruing from the said land to the Plaintiff with interest
at the prevailing bank rate. <o:p></o:p>4. An order of perpetual injunction
restraining the defendants, and each of them whether by themselves, their
agents, assigns, privies, servants etc. however from entering the said land or
having anything whatsoever to do with the said land. <o:p></o:p>A
summary of the facts leading to this action as averred by the Plaintiff is
that, the 1st defendant is the Omanhene of Sefwi Wiawso Traditional Area and
the 2nd defendant is one of the children of the late Kwabena Aturu. The said
Aturu in his lifetime acquired a large stretch of land from the stool of
Essiem. The land is bounded by the lands of Kwaku Sansa, Nana Kanka, chief of
Essiem, Broposehene, Kofi Fofie, Akomea, Owuo Kofi Kye, Opanyin Kow Kra, and
Kwaku Taa. The said land has a footpath running through it, dividing it into
two. <o:p></o:p>The
Plaintiff contended further in his statement of claim that in his lifetime, the
said Aturu indicated to his family the right side of the path dividing the farm
be gifted to his sister Ama Yanwaba and his maternal family and the left side
of the footpath to his children<o:p></o:p>In
November, 2000, Aturu died. The 2nd defendant is alleged to have informed the
family that his father had executed a WILL and the said WILL was read in April,
2001. By the terms of the WILL, the left side of the disputed cocoa farm as
WILLED to Aturu's widow Akua Kwartimah whilst the right side of the path to
Aturu's family. The elders of Essiem led by the Gyasehene proceeded to the farm
to share it according to the dictates of the WILL and handed over same to the
beneficiaries. <o:p></o:p>The
Plaintiff in this matter as head of the Abiradze family took possession of the
right side of the footpath as shared and harvested the cocoa for one year. In
January, 2003, after the death of the chief of Essiem, the late chief's wife
made a complaint to the 1st defendant as the overlord of the Traditional Area
and sought for permission to cultivate a portion of the late Aturu's land. <o:p></o:p>At
a family meeting convened by the 1st defendant, the 2nd defendant informed them
that Aturu in his life time intimated his wish to give the land devised to the
Plaintiff (i.e. the family) to the stool of Essiem. As a result of this and
because the Essiem stool was vacant at the time, the 1st defendant took over
the portion alienated to the family and has been in possession since 2003. The
defendants have since been in possession and continued to harvest the cocoa. <o:p></o:p>In
their statement of defence, the defendants deny that the plaintiff is the head
of the Kotukwa family. It is their case that the late Aturu was in an
"abusa" tenancy in respect of the disputed cocoa farm and deny all
the averments by the plaintiff. The defendants contended further that granted
that there was any WILL by Aturu, the said WILL affecting the land in dispute
is void to the extent that it failed to recognize the interest of the 1st
Defendant who however admits that in or about 2003, he invited members of
Aturu's family to his palace to consider the complaint of the wife of the late
Essiem chief that Aturu's family including plaintiff were laying adverse claim
to a piece of secondary forest which the late chief granted her in his life
time. It was at this enquiry that i</main>