EMMANUEL KOSI SEKE v. CHRISTIAN AMETEFE AND MICHAEL AMETEFE
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP AYITEY ARMAH-TETTEH J
Areas of Law
- Property and Real Estate Law
- Alternative dispute resolution
- Evidence Law
- Civil Procedure
- Tort Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Emmanuel Seke, head of the Amii family of Gbi-Wegbe, sued Christian Ametefe and another over the Dentevi land, seeking declaration of title, injunction, recovery of possession, and estoppel based on a 1991 arbitration. Seke asserted that his forefather Togbe Amii founded the land and the family had possessed it, and that when Kwami Ametefe alienated a portion to Kodzo Abudu (Abogyese), Togbe Keh XI, Chief of Gbi-Wegbe, arbitrated and published an award in favor of the Amii family. The defendants, descendants of Togbe Geliste Ametefe, contended the land had been redeemed from a curse and denied that the award favored the plaintiff, claiming his case was dismissed. Relying on Exhibit ‘A’, the High Court (AYITEY ARMAH-TETTEH J.) found a valid customary arbitration whose award placed joint control and shared benefits between Alex Awumey and Kwamivi Ametefe. Applying statutory and common law principles on the binding nature of customary arbitration and burden of proof, the court held the defendants were not trespassers, both sides could farm as of right, and dismissed Seke’s claims, awarding costs of GHS 2,500.
J U D G M E N T
By his writ of summons dated 20 August 2020 the Plaintiff claims against the defendants
the following reliefs :
a. “Declaration of title to piece and parcel of land commonly known as Dentevi situate,
lying and being at Gbi-Wegbe.
b. Perpetual injunction restraining the defendants by themselves, their assigns,
associates, workmen, privies from further trespassing unto Plaintiff’s land.
c. Recovery of possession.
d. Declaration that the arbitration award published on 26/6/1991 published in(sic)
against the defendants’ predecessor in reference to the land the subject matter in dispute
operates as “estoppel per rem judicatum” against the defendants .
e. Costs including Solicitor’s fees
The defendants entered appearance and filed a defence denying the claim of plaintiff but
did not counter claim.
PLAINTIFF’S CASE
The case for the plaintiff as can be gleaned from his pleadings is that he is the Head of
family of the Amii family of Gbi-Wegbe. According to Plaintiff, the subject matter in
dispute was founded by his forefather Togbe Amii long ago and that members of the
Amii family have been in active possession of the land by cultivating and alienating
portions to strangers to cultivate crops. It is the further case of the Plaintiff that in 1991
defendants alienated portion of the land to one Kodzo Abudu alias Abogyese and the
matter was sent to Togbe Keh XI for arbitration and an award was published in favour of
Plaintiff’s family. According to Plaintiff that the defendants have recently trespassed onto
the said land hence, this action.
DEFENDANTS’ CASE
The case of the defendants is that the Dentevi land the subject matter in dispute belongs
to 1
st Defendant’s father Togbe Geliste Ametefe having redeemed the said from a spiritual
curse imposed on the land after one of the ancestors called Tenge invoked a curse on the
land after killing his cousin called Akabua. The defendants denied the claim of the
plaintiff that the arbitration award was in favour of the plaintiff. According to defendants,
the case of plaintiffs at the arbitration was dismissed.
At the close of pleadings, the following issues raised in the application for directions were
set down for the determination of the suit:
1. Whether or not Defendants have trespassed unto Plaintiff’s land.
2. Whether or not there was a valid arbitration between the parties on the land the subject
matter in dispute and whether it operates as estoppel between the part