CANOM INVESTMENT LTD VS CATTEC DELTA LIMITED

The plaintiff on 15th March 2006 caused to be issued out of the registry ofthe High Court a writ of summons and statement of claim directed againstthe defendants herein.

The plaintiff’s claim against the defendants is asfollows: i) A declaration of title to all that piece or parcel of land situate, lying and being at Nungua Motorway East Industrial Area, Accracontaining an approximate area of 82. 74 acres more or less whichsame is more particularly described in paragraph 1 of thestatement of claim; ii) A declaration that the defendants are estopped and precluded from denying the plaintiff’s title by virtue of the judgment of High Court dated 11th March, 2003; iii) A declaration that the Land Title Certificate (No. TD 0130) upon which the defendant derive title is null and void and of no effect, and that the same conveyed no title to the defendants’ principal; iv) An order directed to the Land Title registry to withdraw or otherwise cancel the said Land Title Certificate granted to the defendants’ principal; v) An order of an injunction, both interim and perpetual, restraining defendants, their principal, agents, servants, etc from interfering in any way with plaintiff’s use or possession of the disputed land; vi) General damages for trespass. ”It is the contention of the plaintiff that he is the owner of the land indispute and traces its root of title to a Deed of Lease dated 21st July, 1993 between itself and Nii Bortrabi Obroni II, Mankraldo and actingNungua Mantse and Numo Borketey Larweh, Gborbu Wulomo, bothacting for and on behalf of the Nungua Stool of Accra.

The plaintiffavers further that its title was confirmed by a decision of the High Court, dated 11th March 2003 in a suit entitled Canom Investment Ltd. VrsCoastal Industries Ltd & 2 others.

But the defendant is makingclaims to part or portion of the said land on the basis of an alleged titleof a certain Boye Botchwey founded on land title certificate; whichaccording to the plaintiff was procured either by fraud or mistake on thepart of the Land Title Registry.

Particulars of the fraud/mistake wereprovided.

The defendants per their amended statement of defence filed on 9th July2014 denied every allegation of fact contained in the Statement of Claimsave the facts expressly admitted.

The defendants’ maintained that theirgrantor who is a citizen of Nungua derived his title from the Dzasetse, NiiAfotey Odai 1V who at the time of the grant was the acting NunguaMantse.

The defendants averred tha