KWABENA ACHEAMPONG vs. ADWOA NSONYAMEYE & OR [2015]DLHC8519

Date	2015-06-10
Suit No.	SUIT NO. C1/13/12
Citation No.	[2015]DLHC8519

HIS LORDSHIP JUSTICE JACOB B. BOON

WILLIAM KUSI FOR THE PLAINTIFF

ASIRIFI ASARE FOR THE DEFENDANTS

[2015]DLHC8519
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													<main id="main" class="content" style="min-height: 60rem" >KWABENA
ACHEAMPONG<o:p></o:p>vs.<o:p></o:p>ADWOA NSONYAMEYE &amp; OR<o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO. C1/13/12&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
10TH JUNE, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>WILLIAM
KUSI FOR THE PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ASIRIFI
ASARE 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 JUSTICE JACOB B. BOON<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;
padding:0cm 0cm 1.0pt 0cm">

JUDGMENT<o:p></o:p>

</div>In this suit, it is not disputed that the
grandfather of the plaintiff acquired a piece of land at a place called
Aboaboso in the Amansie West District of Ashanti. The land is described by him
as sharing boundaries with the properties of Osei Seidu, Nana Osei Kwadwo and
the Oda River Forest, situated at a place popularly referred to as Forest Line.
The grandfather of the plaintiff was called Kwaku Nyame. He and his wife known
as Abena Owusuaa, have both passed away. In their lifetime, Kwaku Nyame was
taken ill at a point in time and for lack of money to cure himself, the
disputed land was allegedly pledged to one Nana Abena, also known as Abena
Aninwaa, for an amount of £4. It is the case of the plaintiff that at the time
of the pledge his grandparents had cultivated cocoa on the land. This was denied
by the defendants. For avoidance of doubt, the first defendant is the customary
successor of Nana Abena, whilst second defendant is the daughter of Nana
Abena’s sister. The disputed property is possessed by the second defendant.
According to the testimony of the second defendant, she grew up with Nana Abena
and she followed her to the land when she began to cultivate it. Hence there
are two contrasting positions in this matter as follows: Plaintiff asserted
that his grandparents pledged a cocoa farm to Nana Abena for £4 to enable his
grandfather seek medical attention, whilst the second defendant insisted that a
bare forest land was given out to her aunt to offset a loan of £4 obtained by
plaintiff’s grandfather from Nana Abena after he was unable to pay back the
loan; Nana Abena then cultivated cocoa on the land.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of plaintiff that his grandfather
could not redeem the alleged pledge before he passed away, not long after the
transaction with Nana Abena was executed. According to him, after the death of
his grandfather his family gifted the cocoa farm to his wife; that the reason
for the gift was that the wife assisted in cultivating the farm. She was
therefore given the liberty to pay off the pledge money and keep the farm as
her property. Plaintiff averred Abena Owusuaa was unable, like her husband, to
reclaim the farm before her death. He asserted that the defendants, who had
harvested the farm with Nana Abena since the pledge, continued to do so till
the cocoa, presumably cultivated by his grandparents withered, and as if that
was not enough, he asserted the defendants have extended their occupation to a
secondary forest owned by his grandparents.<o:p></o:p><o:p>&nbsp;</o:p>In clear contrast to his pleading that the cocoa
farm has completely withered as in paragraph 10 of the statement of claim, the
plaintiff pressed court to believe the
issue before it is still about a cocoa farm without telling the court how the
land was recultivated when the original cocoa trees died off.<o:p></o:p><o:p>&nbsp;</o:p>Again, in paragraph 12 of the statement of claim,
he created the impression that it was only two years before he mounted this
action that his grandmother apprised him of the circumstances surrounding the
disputed property; that she then handed over the farm to him in the presence of
two persons, namely, Kwame Boakye and George Owusu. <o:p></o:p><o:p>&nbsp;</o:p>In this action, he prayed for declaration of title
to and recovery of possession of the disputed property as well as perpetual
injunction to restrain the defendants. His basis for the claim is that as her
grandmother could not raise the pledge money, it was agreed between her and
Abena Aninwaa to harvest the cocoa on the farm till all the cocoa trees die off
so that the bare land is returned to her grandmother.<o:p></o:p><o:p>&nbsp;</o:p>Now, the case of the defendants, particularly, th</main>