NII AFUA VII & 6 ORS v NII KOJO ARMAH ARYEE & 8 ORS

By an amended writ of summons, the plaintiffs claim against the defendants:

“(a) Declaration of title against 1st - 6th defendants to all that piece or parcel of land situate, lying and being at Afuaman, Accra and bounded on the north-west by Domeabra, Denkyira and Ashalaja Lands measuring 21,452 feet more or less; on the south-west by Weija, Joma and Domeabra Lands measuring 16,866 feet more or less and on the north-east by Ashalaja, Manhean, Ablekuma and Weija Lands measuring 22,438 feet more or less containing an approximate area of 4222.81 acres comprising 3 areas as follows:

AREA “A” comprising 1460.01 acres denoting the present Afuaman Village including areas encroached upon by the family members of 1st defendants

AREA “B” comprising 2029.97 acres denoting the areas which are usually flooded as a result of the construction of the Weija Dam on the River Densu.

AREA “C” comprising 732.83 acres which is the area left unflooded on the Eastern side of the River Densu.

(b) An order for recovery of possession from 1st-6th defendants or their grantees the portions of Area “A” which they have encroached upon.

(c) Damages for trespass against 1st – 6th defendants.

(d) Perpetual injunction against 1st – 6th defendants.

(e) An order directing 7th and 8th defendants to delete areas “A” and “C” from the land covered by Executives Instruments 130 of 1977.

(f) An order directing 8th defendant to pay just and adequate compensation for area “B”

(g) An order directing 9th defendant to register and plot in 1st plaintiff’s family name area “A” and “C”.

(h) Or in the alternative to relief (e), that 7, 8 and 9 defendants be ordered to acquire land equal to the measurement of land described as “Area A” and “Area C” in relief (a) and to resettle plaintiffs and their families thereon.”

After the service on the defendants of the writ with its accompanying statement of claim, the defendants entered appearance and later caused statements of defence to be filed on their behalf.

The 1st defendant also counterclaimed against the plaintiffs and the 2nd to 9th defendants as follows:

‘1. A Declaration of title to ALL THAT PIECE OR PARCEL of land situate, lying and being at Joma in the Ga Rural District of the Greater Accra Region of the Republic of Ghana bounded on the North by Afuaman land and Ablekuma Stool lan