MECHANICAL LLOYD ASSEMBLY PLANT LTD v. NARTEY
1985
COURT OF APPEAL
GHANA
CORAM
- EDUSEI
- EDWARD WIREDU
- OSEI-HWERE JJ.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
AI Generated Summary
At Fafraha, a Labadi rural land near the Accra‑Aburi and Accra‑Dodowa roads, an international croupier instructor purchased three Adentan plots in 1973–1974 from Nii Adjei Kplen II and Atofotse Tetteh Onukpa and, in 1976, 9.12 acres at Fafraha from Nii Komey Okpoti, head of the Agbawe family at Fafraha. One month later, the Labadi Mantse, Nii Anyetei Kwakranya II, leased approximately 22.070 acres to Mr. Rexford Aye Darko, executive chairman of Mechanical Lloyd, and the defendant‑company later obtained a joint conveyance (exhibit F) from Nii Okpoti and Atofotse for ¢70,000. After land disputes, replotting, and a statutory declaration purporting to lapse earlier grants, the Lands Department deleted the defendants’ plotting and the plaintiff sued for declaration, damages, possession, and injunction. The trial court awarded him title and ¢150,000 damages, nullifying the entire 22.070‑acre grant. On appeal, Osei‑Hwere J.A., for the Court of Appeal, held that Fafraha lands are Labadi stool lands, that valid alienations of family land required both joint‑heads and principal members’ concurrence, that the plaintiff’s grant was void, and that defendants’ title under the La Mantse and joint conveyance stood; the appeal was allowed.