BOARD OF GOVERNORS, ACHIMOTA SCHOOL v. NII AKO NORTEI II & ORS

DOTSE, JSC:-

We wish to commence this delivery by the following quotation which we think sums up the conduct of all major stakeholders in this case.

Quotation attributed to Thomas a Kempis. See Jack Fairweather’s Book “The Volunteer the true story of the resistance hero who infiltrated Auschwitz” unnumbered page before the contents.

“Whoever loves much, does much.

Whoever does a thing well does much

And he does well who serves the common community before his own interest.” Emphasis

This is an appeal by the Plaintiffs/ 1st Respondents/Appellants, hereafter, Plaintiffs against the judgment of the Court of Appeal dated 2nd November 2017.

The Court of Appeal judgment referred to supra actually reversed the Ruling of (Judge No. 4) sitting at the High Court Accra, dated 20th July 2016 wherein she dismissed an application filed by the 1st Defendant/Appellant/1st Respondent, hereafter 1st Defendant, which sought to

dismiss the suit filed therein by the Plaintiffs against the 1st Defendant and 2 others, therein namely, Platinum Equities Ltd, 2nd Defendants therein and Lands Commission, 3rd Defendants/2nd Respondents/2nd Respondents, hereafter 3rd Defendants.

RELIEFS CLAIMED BY THE PLAINTIFFS IN THE HIGH COURT SUIT NO. LD/0352/2016 FILED ON 26TH JANUARY 2016 WHICH 1ST DEFENDANT SOUGHT TO DISMISS AND FAILED IN THE TRIAL HIGH COURT BEFORE JUDGE NO. 4

a. An order declaring the Plaintiff’s title to the entire Achimota School land, including the 172.68 acres claimed by the 1st and 2nd Defendants pursuant to the judgment entered in Suit No. SOL 21/10.

b. An order setting aside the judgment, and all consequential orders, entered in Suit No. SOL 21/10 on the grounds that the said judgment and orders were obtained by fraud perpetrated on the Plaintiff by the 1st Defendant, OR, in the alternative, a declaration that the judgment and all orders entered in Suit No. SOL 21/10, are not enforceable against the Plaintiff’s title and interest in the Achimota School land.

c. An order for the recovery of possession of parts of the Achimota School land encroached by the 1st and 2nd Defendants, their agents and/ or assigns.

d. An order of perpetual injunction restraining the 1st and 2nd Defendants and/or their assigns and agents from interfering with the Plaintiff’s title, possession, occupation and use of the land encroached upon and/or any part of the Achimota School land.

e. An order for the recovery, jointly and severally from the 1st and 2nd Defendants, of the assesse