JUDGMENT
OBENG-DIAWUO (JA)
INTRODUCTION
This appeal emanates from the judgment of the High Court, Kumasi,dated the 18 day of April, 2019, in which the Learned Trial Judge entered judgment for the plaintiff/respondent whilst dismissing the defendant/appellant’s counterclaim. In this judgment the plaintiff/respondent will be simply referred to as the plaintiff and the defendant/appellant, the defendant.
THE FACTS
The facts of the instant appeal may be summed up as follows: One Opanin Kwaku Kumah who happens to be the father of the originalplaintiff acquired a piece or parcel of land several years ago at Nyinahinat a place commonly known and called Akwaem. The said land so acquired by Opanin Kwaku Kumah (hereinafter the deceased) shared common boundaries with the respective lands of Kwaku Tweneboah, Kwame Mensah, Madam Serwaa, Ama Kune, Yaw Gyato, Madam Kusiwaa, Yaw Twum, Yaa Donkor and Madam Akosua Asibuo.
All the boundary owners are deceased except Yaa Donkor. The deceased cultivated Cocoa f…