June 15, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court land dispute centers on a 14.46‑acre parcel at Nungua/Adjiringanor claimed by administrators Michael Odai Lomotey and Ebenezer Otu Makpoi through a 1962 deed from Nii Odai Ayiku IV, Nungua Mantse. Government later acquired 8.49 acres for the Accra–Tema Motorway and paid compensation. Plaintiffs alleged trespass by estate developer defendants and involvement by the Lands Commission. The defendants relied on grants from the Teshie‑based Numo Kofi Anum and Nii Ashong Mlitse families; co‑defendant Frederick Shamo Kwei joined, asserting title in the Numo Kofi Anum family. The High Court dismissed plaintiffs’ claims and upheld the co‑defendant’s counterclaim. The Court of Appeal reversed, citing location, stamping, and capacity. On further appeal, the Supreme Court ordered a composite survey; the plan showed about 98% of plaintiffs’ claimed land lies within the judgment plan previously adjudged to belong to the Numo Kofi Anum family. Emphasizing stare decisis and correcting evidentiary and procedural errors (including the admissibility of a stamped MOU and flexible family representation), the Supreme Court set aside the Court of Appeal judgment, restored the High Court’s decision, and amended the suit title to reflect the co‑defendant suing on behalf of the Numo Kofi Anum family.
MAJORITY OPINION
DORDZIE (MRS.) JSC:-
Facts: The plaintiffs in this suit Michael Odai Lomotey and Ebenezer Otu Makpoi claim they are administrators of the estate of their late father John Bortei Makpoi. It is the case of the plaintiffs that their late father owned a parcel of land situate at Nungua. The said land forms part of their late father’s estate and it is described in the writ of summons as follows:
“ALL THAT PIECE OR PARCEL OF LAND situate lying and being at Nungua – Accra bounded on the North by property of Abli Adama measuring 1000ft. more or less on the East by Stool land measuring 620ft. more or less on the South by the Accra – Tema Motorway measuring 1000ft more or less and on the West by Stool land measuring 640ft more or less comprising an approximate area of 14.46 acres.”
According to the plaintiffs, their late father came by the land by a grant from the Nungua Stool represented by Nii Odai Ayiku IV in 1962. The documents of the grant had been registered with Lands Commission and the family of John Bortei Makpoi had been in possession ever since.
It is contended by the plaintiffs that the 1st and 2nd defendants trespassed on their land and the 3rd defendant, Lands Commission had assisted them to register portions they have trespassed on.
The plaintiffs therefore on 21/8/2003 instituted the suit culminating in this appeal in the High Court Accra claiming the following -
1)“Declaration that ALL THAT PIECE OR PARCEL of land described in the SCHEDULE to the statement of claim.
2)Recovery of possessions
3)Perpetual Injunction restraining the 1st and 2nd Defendants their agents and assigns from interfering with the Plaintiff’s quiet enjoyment.
4)General Damages for Trespass.
5)An order directed at the 3rd Defendant to plot and register the interest and title of the Plaintiffs.”
The 1st& 2nd defendants resisted the Plaintiffs' claims and in an amended Statement of defence filed on 29/6/2007 averred that–
They are aware from their dealing with lands in the area that the whole tract of land in that area belongs to Teshie families especially the Numo Kofi Anum Family and the Nii Ashong Mlitse Family respectively all of Teshie. The Numo Kofi Anum Family hold a land certificate Number GA 2811 in respect of their land, which includes the disputed land. The Nii Ashong Mlitse Family also has a Declaration in respect of the area of land which Declaration is registered with the Land Registry number 5269/1977. That at the appropriate time, the