F.K.A. CO. LTD. & ORS v. NII TETTEY OKORH ARYEE & ORS

TORKORNOO, J. A:

This is an appeal against a ruling from the land division of the High Court Accra dated 30th November 2016. According to the Statement of Claim of the Plaintiff/Respondents, the contentions around Danchira lands, that is the subject matter of this appeal have been raging for at least a century.

The oldest of these law suits is cited in Paragraph 7 of the Statement of Claim as Quamin Amu v Nsaki, Ahumah Oku & Others dated 14th July 1891 and the Respondents alleged that in that and other cases, the courts declared Danchira lands as owned by the Djan-Bi Amu family. They also cited a case as Nii Armar 11, Dzasetse and Acting Manche of Asere, suit no L17/75.

In the present suit numbered LD1243/16 at the high court, the 1st Plaintiff/Respondent (hereinafter referred to as 1st Respondent) commenced same with one Rebecca Ofosua and Kwabena Amoateng as 2nd and 3rd Plaintiffs. He alleged in the Amended Statement of Claim filed on 28th September 2016 that the 1st Defendant/Appellant claims to be Dzasetse of Danchira and represents 4 composite families namely Sawyerpramano, Amanfo, Juabeng and Kubeshishie families of Asere. The 2nd and 3rd Appellants are grantees of the 1st Appellant’s family.

The Respondents alleged that 1st Respondent acquired parts of Danchira lands from the Djan-Bi Amu family through one Nii Teiko Okai, the then head of family of the Djan-Bi Amu family of Danchira and the 1st Respondent had registered these pieces of land. Prior to the acquisition, they had conducted a search at the Lands Commission that confirmed that a Statutory Declaration had been filed on 2nd February 1976 by John Ayiku Mensah confirming the lands as belonging to the Djan-Bi Amu family. The 2nd and 3rd Plaintiff/Respondents are grantees of the 1st Respondent following its acquisition.

It was the case of the 1st Respondent that when their clients were taken to the land, they were attacked by the 1st, 2nd and 3rd Defendants/Appellants. According to the Statement of Claim, the Respondent sued the three Defendants on 14th May 2007 after these challenges.

(This suit was titled FKA Ltd. Nii Teiko Okine substituted by Nii Tackie Amoah VI v Nii Ayikai Akrama 11 & 4 Others and numbered AL 22/2007). According to the Statement of Claim before us, the 1st Respondent (as Plaintiff), claimed in suit number AL 22/2007 for:

a. declaration of title to all that pieces or parcels of land described in the schedules to the Statement of Claim

b. Damages of ȼ300,000,000 aga