IRENE C DANQUAH JA
This is an appeal filed by the Defendant against the decision of the High Court Kumasi dated 11th May 2010. The Plaintiff who is the occupant of the Abonu Stool commenced the suit against the Defendant who is the Odikro of Deduako claiming the following reliefs:
1. A declaration of title to and recovery of possession of all that piece or parcel of stool land known and called ABONU and bounded by the town/village Kuntanase, Deduako, Aduafo, Nyameani and Obo.
2. Damages for trespass.
3. Perpetual injunction restraining the Defendant, his relatives and agents from having any dealings with the Abonu land.
In the Statement of Claim, the Plaintiff averred that in 1927, there was a boundary dispute between the Plaintiff Stool and the Deduako Stool in a suit entitled KOFI TUMTUO v. KWAME ADJAYE. In that suit, there was an inspection of the land and both parties were given opportunity to show their boundary marks. The Plaintiff averred further that the Defendant in the 1927 suit …