EMPIRE BUILDERS LTD. v. TOP KINGS ENT. LTD. & ORS

ACQUAYE, J. A.

By a writ of summons issued against the defendant/respondent the plaintiff/appellant claimed:

a) A declaration of title to a parcel of land situate at Adjiringano-North, Accra comprising an approximate area of 456.25 acres the full description of which were provided in the statement of claim.

b) General damages for trespass.

c) Perpetual injunction restraining the defendant, her assigns, privies or workmen from interfering with the quiet enjoyment of plaintiffs land.

d) An order that Land Certificate No. T.D. 0042 recorded in Land Register Volume 019 Folio 28 issued in the name of the defendant company be nullified and expunged from the Lands Register on ground of fraud, misrepresentation and, or mistake.

e) Costs.

The plaintiff/appellant’s case was that by four separate leases acquired in 1947

Baron Taricone Ernesto acquired a total of 1,863.11 acres of land from the Nii Ashong Mlitse Family of Teshie for 99 years. The said Baron Taricone Ernesto assigned his interests in the land to the plaintiff by a lease dated 10th April 1979 registered as No. 2/57/97. Upon the request of the Nii Odaitey Tse We Family the plaintiff surrendered per document No. 2,656/1988 a total of 1,433.86 acres of land to the Nii Odaitey Tse We Family leaving an area of 456.25. The plaintiff went into possession of the 456.25 acres and started developing dwelling houses thereon. According to the plaintiff the defendant then trespassed upon her property laying adverse claim to same by virtue of Land Certificate No. ID. 0042. The plaintiff contended that the defendants Land Certificate No. ID. 0042 was obtained by fraud or mistake wherefore she claimed as per the writ of summons.

The co-defendants were later joined to the suit. By their amended statement of defence the defendants denied the claims of the plaintiff that the disputed land was Teshie Stool lands and averred that the said lands were Nungua Stool Lands which have since time immemorial been in the possession of the Nungua Stool per various Nungua families. It is the case of the defendants that when the plaintiff attempted to encroach on their lands they resisted same and the plaintiff approached the 2nd co-defendant to regularize her occupation of the land but the 2nd co-defendant had by then granted part of the land to the 1st defendant. The 1st defendant averred that she acquired 62 acres of the land from the 2nd defendant in two lots of 40 acres and 22 acres and registered the title deed at the La