ADJETEY SOLOMON VENTURES VS EMMANUEL AFFRAM & ORS

Adjetey Solomon Ventures Limited, a real estate developer, sued seven defendants who had entered its purported 23.70-acre tract at Oyibi, Accra, seeking declaration of title, recovery of possession, damages for trespass, and an injunction. The first to sixth defendants, employees of Golden Tulip Hotel, asserted they acquired plots in 1998 from the Nii Adjin We family through Nii Lomotey Ansah, and counterclaimed for declarations, possession, damages, and an injunction; the co-defendant (later seventh defendant) separately counterclaimed for title to Nii Adjin We land delineated in a Circuit Court consent judgment plan (MLA2). After a composite survey and trial, Justice Alexander Osei Tutu found both sides failed to establish root of title and clear identity of their lands. The Plaintiffs pleadings omitted its grantors root, its site plans conflicted in acreage and were not approved under L.I. 1444, and unchallenged evidence showed only 13 acres were granted to it. While the court accepted that some Nii Adjin We land exists within Odaiteitse We landsand estopped Plaintiff from denying that, given its 2005 undertaking and the consent judgmentneither the seventh defendant nor the six defendants proved the limits, capacity of grantors, or validity of their leases. The court dismissed the Plaintiffs claims and all defendants counterclaims, with no order as to costs.