NENE GBORVU AYIKU IV & ORS v. NUMO LARTEY AYIKU & ANOR

JUDGMENT

Background Facts

The Plaintiffs launched this action against the first defendant on March 13, 2013. The facts that culminated in the initiation of the suit briefly are that the first defendant’s family members are disposing of their (Plaintiffs) family lands without their consent and concurrence. Regrettably, the plaintiffs overall head of their Larkpleh family of Prampram, Numo Alfred Quaye who doubles as the head of the Ayikuwem Division had failed to act. The affected Oklewem and Ayikuwem Divisions met and tasked the plaintiffs to take action to protect their lands.

After the first defendant had entered an appearance with a defence, an order of joinder was granted by the Court adding Nene Tetteh Ayum III to the suit as the second defendant. Plaintiffs first amended their writ of summons and statement of claim to include the second defendant. It is instructive to know that the amendment of the writ of summons and the statement of claim was sought and filed twice; one in 2014 and another in 2015. On each occasion, the first defendant amended his statement of defence and counterclaim to respond to the plaintiffs claim accordingly. The Plaintiffs’ reply to the First Defendant’s Statement of Defence and Counterclaim was not exempted from the amendment. In the final amended writ of summons, the plaintiffs sought for:

a. A Declaration of title to land of 2,706.211 acres (1,095.203 hectares) at Prampram,

b. Perpetual injunction,

c. Recovery of possession,

d. Damages for trespass,

e. Costs and

f. Any further order(s) that the court may deem fit.

The Plaintiffs’ Pleadings

In their pleadings, the Plaintiffs aver that they bring this action in their personal and representative capacities as principal members of their respective Divisions of Oklewem and Ayikuwem, being the two Divisions within the Larkpleh family. They aver that whereas Numo Paul Lartey Ayiku is the head of the Oklewem Division, Numo Alfred Quaye holds dual positions as the head of the Ayikuwem Division and the overall Larkpleh Family, contrary to the defendants’ claim that Nene Tetteh Ayum III is the head of the Larkpleh family of Prampram. Nene Tetteh Ayum III, the second Defendant was mentioned by the Plaintiffs, rather as the Divisional Chief of Larkpleh. Plaintiffs further denied the first Defendant’s averment of being the Head of the Kleh Quarter of Prampram. In the claim to the land, the Plaintiffs pleaded that their Larkpleh ancestors first settled at Prampram before bein