DR. NII KPOBI TETTEH TSURU III & ORS VS AGRIC CATTLE & ORS
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP DENNIS ADJEI, J. A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a land dispute between the La Stool, represented by the 1st Plaintiff, and the Nungua Stool, represented by the 4th Defendant. Both parties presented traditional historical accounts claiming allodial title to the land. The Court found that although the Plaintiff's traditional evidence was coherent, it lacked recent acts of ownership to support his claim. In contrast, the Defendants provided documentary evidence and maintained undisturbed possession since 1970. The 1st Plaintiff's claim was thus dismissed, and the Defendants' counterclaims, particularly those of the 5th Defendant, were upheld. The Court also considered the Statute of Limitation in favor of the Defendants' long-term possession.
The 1st Plaintiff instituted this action against the Defendants claiming for the following reliefs:
“a. A declaration of title to all that piece of land situate and being at La Tsui Anaa which forms part and parcel of Plaintiff’s land covering an approximate area of 49, 420 acres.
b. An order of court directed at the Land Title Registry to cancel or expunge the transaction between Nungua and 1st and 5th Defendants as well as any other transaction that affect the land described herein.
c. Recovery of possession.
d. Damages for trespass.
e. Perpetual injunction restraining the Defendants, their agents, servants, privies and workmen and personal representatives from entering or offering for sale or having anything to do on that portion or any part of Plaintiff’s land situate and being at Tsui Anaa”. The action was originally instituted by the La Traditional Council against Japan Motors, Agric Cattle, Katamanso and Santeo.
Through amendments by substitution and joinder; the Plaintiff’s designation was changed from La Traditional Council to Dr. Nii Kpobi Tettey Tsuru III.
Fodas Estates and SFA Limited subsequently applied to join the suit as 2nd and 3rd Plaintiffs and which was subsequently granted.
The original Plaintiff in the suit upon the amendment became the 1st Plaintiff and the joindees being Fodas Estates and SFA Limited became 2nd and 3rd Plaintiffs respectively.
The 1st Defendant in the original suit, Japan Motors ceased to be a party and the 2nd, 3rd and 4th Defendants became the 1st, 2nd and 3rd Defendants respectively.
Upon an application brought by King Odaifo Welentsi III; he became the 4th Defendant.
Lakeside Estate Limited also subsequently joined as 5th Defendants.
The 1st Plaintiff’s action is therefore against all the Defendants and the reliefs he is seeking per his endorsement on the Writ of Summons is against all of them.
The brief facts of the case is that, the 1st Plaintiff claims that his stool acquired a large tract of land through war and settlement and has been in undisturbed possession of the said land over three hundred (300) years ago.
The 1st Plaintiff described the land in which allodial title is vested in his stool as stretching from its present location at La on South East, Gbatsuna land, Otano land, Aduman land up to what is termed the Big Pillar stretching further to Katamanso land on the far North East, on the South West by Roman Ridge and Kisseman lands, Otwoo Okuma land on the North West by Abokobi land, Ade