JOSEPH A. ABANYIN & anor VS JOE ANAB

INTRODUCTION

The two plaintiffs herein, a husband and wife, sued the defendant herein in the year 2011 for the following reliefs:

a) Declaration of title to all that piece or parcel of land situate and lying at Omanjor containing an approximate area of 0.16 acres more or less and bounded on the West by lessor's land measuring 69 feet more or less, on the north by lessor's land measuring 100.5 feet more or less, on the east by a proposed road measuring 70.4 feet more or less, on the South by lessor's land measuring 104.9 feet more or less.

b) Perpetual injunction

c) The recovery of possession

In a statement of defense filed on the 3rd of December, 2019, which was later amended on the 28th of January, 2020, the defendant denied liability for the claims of the plaintiffs and counterclaimed against the plaintiffs for the following reliefs:

(i) Declaration of title to all that piece or parcel of land containing an approximate area of 0.16 acres or 0.06 hectares more or less and bounded on the north by the assignor’s land measuring 100.0 feet more or less, on the east by assignor’s land measuring 70.0 feet more or less, and on the south by the assignor’s land measuring 100.0 feet more or less, and on the West by the proposed road measuring 70.0 feet more or less.

(ii) An order annulling the land certificate granted to the plaintiffs by the Land Commission or the Land Title Registry of the Lands Commission.

(iii) An order of perpetual injunction to restrain the plaintiffs, the plaintiffs’ family members, their agents, assigns, workmen, servants, or successors from interfering with the defendant’s title and possession of the land.

(iv) Costs.

In their reply to the statement of defense and counterclaim of the defendant, the plaintiffs denied liability for the counterclaim of the defendant. At the close of pleadings, the parties filed their issues for the consideration of the court.

The plaintiffs’ issues were as follows:

a) Whether or not the plaintiffs acquired the disputed land from the Nii Sempe Mensah family of Ablekumah, which family was represented by Ebenezer Tetteh Annan, who was the lawful head of the Nii Sempe Mensah family?

b) Whether or not Nii Larbi Mensah IV was the lawful head of the Nii Sempe Mensah family of Ablekumah?

c) Whether or not Ebenezer Tetteh Annan had any right to lease the said land to the plaintiffs?

d) Whether or not Nii Larbi Mensah IV had any right to lease the land to Kofi Siaw?

e) Any other issues raised by the ple