KOTEYFIO NIKOI & ANOTHER v. THEODORE MARTINEZ MONTERO & ANOTHER

J U D G M E N T

KUSI-APPIAH, J.A.: The facts relevant to this interlocutory appeal are as follows: On 16th October, 2007, the 1st and 2nd plaintiffs/respondents describing themselves as the Regent and Principal Elder of the Nikoitse We of Nkwantanang, Madina, Accra respectively and the owners of the La-Nkwantanang lands which include the land acquired by the Government of Ghana for the Legonman (Redco) Housing Project at Madina, brought an action (in Suit No. AL.1/2008) in the High Court, Accra as representatives of Nikoitse We family of Nkwantanang against the appellant (as 1st Defendant) and the 2nd Defendant herein for the following reliefs:

“1 Declaration of title to land with the following boundaries: On the Western side by the properties of Odai Ntoo Family of Ashongman lands, Agbogba village, Ablor Adjei lands, on the North by Panteng Hospital, on the North-East by West African Secondary School and Adentan lands, on the Sourth-East by Ogbodjo lands and on the South by the Atomic junction-Adentan motor road.

2 Declaration that Defendants activities of sending armed policemen and surveyors to remeasure the Nkwantanang lands (Disputed Lands) amount trespassing on the plaintiffs’ legitimate lands.

3 Damages for trespassing on the plaintiffs’ said lands.

4 Perpetual injunction restraining the 1st and 2nd Defendants, their agents, servants and workmen from further encroachment on the plaintiffs’ undeveloped land at La Nkwantanang.”

The plaintiffs/respondents (hereinafter referred to as respondents), in their statement of claim averred that under Executive Instruments (E.I.) 20 and E.I.17 of 1977 and 1991 respectively, the Government of Ghana acquired a large portion of their family’s land and reallocated same to Bank for Housing and Construction (B.H.C. for short), for housing projects to be sold to the Ghanaian public and that the identity and the boundaries of the plaintiff’s land were clearly shown in the said Executive Instruments.

According to the respondents, no compensation whatsoever was paid to their family in respect of the lands compulsorily acquired under the said Instruments.

It is the case of the respondents that in or around 1995, B.H.C. went into liquidation and the Lands Commission and the Land Valuation Board took advantage of the liquidation of the B.H.C. and started selling portions of these acquired lands to individuals and organizations. To vindicate their rights, the respondents claimed that Nii Amon Koteyfio, the then Chief