FKA COMPANY LTD v. EFFAH SARKODIE

WOOD C.J

BRIEF FACTS

The Plaintiff/Respondent/Respondent (hereinafter known as the Plaintiff) issued out an Amended Writ of Summons and Statement of Claim on the 27th May 2003 for the following reliefs:

1. Declaration of title to all that land situate, lying and being at New Weija-Accra and containing an approximate area of 95.194 acres more or less and bounded on the Northwest by a proposed road measuring 2891.70 feet more or less, on the Northeast by a proposed road measuring 2656.39 feet more or less, on the Southeast by Weija lands measuring 1889.36 feet more or less and on the Southwest by Weija lands measuring 2068.55 more or less.

2. Recovery of possession

3. Damages for Trespass

4. Perpetual Injunction

5. Further or other orders

Plaintiff’s case is that its Managing Director had acquired a large swathe of land from the Weija stool by way of customary grant in or about 1980. He immediately went into possession by clearing the land and erecting boundary pillars.

In 1998, when Plaintiff was incorporated, its Managing Director requested the stool, acting by its Chief Nii Anto Nyame II that the documents in respect of the land be made out in the name of the Plaintiff Company.

It is also the case of Plaintiff Company that a cadastral plan prepared by the Government to delineate the precise boundaries of the stool and family lands of Weija clearly defined Plaintiff’s land in the plan, except it was marked as “FAK” instead of “FKA”

It was Plaintiff’s further contention that its grantor, the Weija Stool had had its title confirmed in various judgments e.g. Manche Anege Akwei v Manche Kojo Ababio IV (Accra Water Works Acquisition) dated 24th July 1948 and another judgment of the Full Court dated 1924. Further, that various portions of the land acquired for public use by the then Gold Coast Government paid compensation to the Weija Stool and no one else.

Plaintiff says the Defendant has illegally entered onto portions of its land and causing damage and loss to Plaintiff consequently necessitating the Writ and Statement of Claim.

The Defendant conversely denies the Plaintiff’s claim and asserts that he acquired the property from his grantors the Ngleshie Amanfro stool who took him to the Chief of Weija Nii Anto Nyame II and his elders since they are “allied families” and the Weija Chief agreed to make a grant to him of the land. Defendant further says that he made an initial payment to the Ngleshie Amanfro Family and subsequently made further