ATUGUBA JSC (PRESIDING) v. NII AYIKAI AKRAMAH II & ORS
2016
SUPREME COURT
GHANA
CORAM
- ATUGUBA JSC (PRESIDING)
- ADINYIRA (MRS) JSC
- YEBOAH JSC
- AKAMBA JSC
- APPAU JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court restored the High Court's decision favoring the Defendants' counterclaim after finding the Court of Appeal's reliance on Exhibit H unjustified. The Court held that possession cannot ripen into ownership and emphasized the primary findings of fact by the trial court, given its advantage in assessing witness credibility. The Defendants were found to have proven their ownership of the disputed Danchira lands by acts of possession and grants to tenants. Procedural rules were deemed crucial in the determination, highlighting proper representation and capacity in legal actions.
AKAMBA, JSC
The Plaintiff/Appellant/Respondent, hereinafter simply referred to as the Plaintiff, by a writ of summons issued in the High Court, Accra, on 14th May 2007 and amended on 12th July 2007, claimed against the defendants/respondents/appellants, hereinafter simply referred to as the defendants, the following reliefs, namely:
“(a) declaration of title to all that piece or parcel of land described in the schedule to the statement of claim; (b) Damages of ȼ300,000,000.00 against the defendants jointly and severally for interfering with Plaintiff’s right of possession of the land; (c ) Perpetual injunction restraining the defendants, their agents, assigns and workmen from interfering or dealing with Plaintiff’s land in any manner detrimental to Plaintiff’s interest.”
The High Court, Accra granted an order on the 10th July 2007, whereby the Co-Plaintiff was joined to the suit.
By their statement of defence filed on 28th March 2008, not only did the defendants discount the claims of the Plaintiff and Co-Plaintiff, they went further and set up a counterclaim against the plaintiffs.
THE PLAINTIFF’S CASE
The Plaintiff is an estate development company. The plaintiff company obtained three respective parcels of land situated at Danchira, near Accra from Nii Teiko Okai, the Co-Plaintiff and head and lawful representative of the Djan Bi Amu family of Accra and Danchira. The transaction was evidenced by a deed of lease dated 5th June 2001 (exhibits A, B and C). According to the Plaintiff, it went into possession of the leased lands, properly surveyed same, demarcated and set out roads thereon. The Plaintiff then took prospective clients of theirs to the land only to be set upon by the Defendants and prevented from entering thereon amidst threats of violence. Embarrassed and aggrieved by the defendants’ conduct, the plaintiff commenced the action in the High Court, Accra claiming the reliefs as per the writ of summons and the amended statement of claim.
The Co-Plaintiff was joined to the suit at the instance of the Plaintiff and being the grantor of the leases to the latter. According to the Co-Plaintiff, the disputed land belongs to his Djan Bi Amu Family since time immemorial and that there are judgments in support of his assertion. The Co-Plaintiff further contends that even though some of the Defendants are members of the Djan Bi Amu family they have no right to alienate Danchira lands, since the lands are not stool lands.
DEFENDANTS’ CASE
The Defend