FRANKLYN AMATO & ANOR v. TOGBE KWAKU DUA VIII, BEN DAMESI, PAUL SAKPATA AND VOLPALM LTD
December 5, 2022
HIGH COURT
GHANA
CORAM
- JUSTICE GEORGE BUADI, J
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
December 5, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In 2020, the siblings and administrators of the estate of Constance Hughes Moensi Amattoo (Togbe Toyi IV) sued Togbe Kwaku Dua VIII, the Toyi family head, a family member, and Volpalm Limited in the High Court, Ho, for declarations of title, recovery of possession, damages and injunctions over land at Gbefi Tornu. The court found that the Gbefi Stool created a divisional stool and installed Amattoo in 1978 to harness his education, resources and authority to prosecute persistent boundary disputes with Kpando, Sovie and Ve before the Stool Lands Boundary Settlement Commission. In consideration of these services, the Stool made a customary grant in Amattoo’s private name, evidenced by a site plan executed by the chief and a principal elder, later captured in the Commission’s 1983 judgment plan. Applying the Evidence Act and statutory definitions of good root of title, and relying on expert survey evidence, the court validated the grant, found Plaintiffs’ continuing possession, and determined Volpalm’s plantation encroached 257.06 acres within the granted land. Estoppel defenses failed. The court declared title over 806.43 acres, ordered recovery or attornment for the encroached area, awarded damages against all defendants, and issued restraining and perpetual injunction orders.
JUDGMENT
1 Background
Claiming as administrators of the estate of their late father Togbe Toyi IV1
, and on
behalf of their other siblings and beneficiaries of the estate, which they claim is
under threat by Defendants, Plaintiffs, on 22 January 2020 commenced this suit by
a writ of summons against Defendants herein for the following reliefs:
i An order of declaration of title in favour of Plaintiffs on behalf of
their father's estate over the land described as all that piece or parcel
of land situate, lying and being at Gbefi Tornu in the Kpando
Municipality and bounded on the North East by the Gbefi Tornu
stool land, the vendor's land measuring 1000, 2500, 1500 and 1450
feet more or less; on the North West by the vendor's land measuring
1 Known in private life as Constance Hughes Moensi Amattoo
2150, 1650,1700, 700 and 1,145 feet more or less; and also bordering
the River Dayi and the adjoining forest respectively measuring 9,840
feet more or less; on the South East by the vendor's land measuring
1,790 and 2,050 feet more or less; and on the South West by the
vendor's land measuring 2000, 2000, 2450 feet more or less all
containing an approximate area of 814.68 acres or 329.69 hectares.
ii An order for recovery of possession of about 400 acres of their late
father's land, currently being cultivated by VOLPALM LIMITED.
iii Alternatively, an order to compel the 4th Defendant to attorn
tenancy to the Plaintiffs and a further order to negotiate rent for the
land cultivated so far.
iv Damages for trespass against the 4th Defendant.
v An order for a perpetual injunction restraining Defendants whether
by themselves or their assigns, workers, agents, etc from interfering
with the remaining 400 acres outside the cultivation of 4th Defendant
or in any way interfering with Plaintiffs' … ownership, possession
and control of the land.
vi An order for damages for trespass by Defendants jointly and
severally.
vii Costs.
2 Parties’ statements of case
The plaintiffs’ case, as I find, is that their late father Togbe Toyi IV of Gbefi Tornu
died on 3 August 2002 and left as part of his estate a large tract of land of about
814.68 acres or 329.69 hectares situate at Gbefi Tornu within the Gbefi Tornu Stool
land in the Kpando Municipality of the Volta Region with boundary dimensions
as stated on the writ of summons. The land, according to the Plaintiffs was a
customary grant to their late father by the Gbefi Tornu Stool in his private n