[2020]DLCA9835 • November 21, 2020 • Court of Appeal
YAW KUMI (SUBST. BY MARTIN KUMI ALIAS KWABENA FRIMPONG) VS EBUSUAPANYIN POLLEY ESHUN
JUDGMENT OF IRENE CHARITY LARBI (MRS.) J.A 1. This is an appeal emanating from a decision of the Circuit Court, Tarkwa dated 6th November, 2018. 2. The Plaintiff/Respondent, now deceased and substituted, on 4th January, 2011, caused a Writ of Summons to be issued accompanied by a Statement of Claim against the 1st and 2nd Defendants at the Circuit Court, Tarkwa claiming against them jointly and severally for; (a) Declaration of title and ownership of a parcel of land situate at Akaaho on Gwira Banso Stool land; (b) General Damages for trespass; (c) Accounts by the 2nd Defendant for being in possession of land and harvesting Cocoa from 2007; (d) Perpetual injunction; (e) Possession and any other equitable reliefs; 3. A summary of the Plaintiff’s pleading is that he acquired the disputed land from Gwira Banso Stool in 1972. He took possession of the said land, broke its virgin forest and cultivated Cocoa thereon. The Plaintiff gave portions of the disputed land which he c.....