NII AHINQUASRO BADDOO & ORS v. NII TETTEY OKPE II & ORS

PROF. KOTEY JSC:-

INTRODUCTION

On 21st May, 2020 the Court of Appeal, Accra, dismissed the appeal of the Defendants/Appellants/Appellants (Defendants) and affirmed the decision of the High Court, Accra dated 31st May, 2017.

CASE OF PLAINTIFF

On the 2nd of December, 2010 the Plaintiffs caused a writ of summons and its accompanying statement of claim which was amended on 20th June, 2013 to be issued in respect of a dispute concerning Amamole lands seeking the following reliefs:

a.Declaration of title to all that piece or parcel of land situate, lying and being at Ablekuma in the Greater Accra Region of the Republic of Ghana and bounded on the North East by Asofa and Ofankor land measuring Seventeen Thousand One Hundred and Fifty Feet (17,150ft) more or less on the North West by the River Nsaki measuring Twenty Six Thousand, Four hundred and fifty feet (26,450ft) more or less on the South East by Suotuom and Anyaa Lands measuring Thirty Two Thousand, Nine Hundred Feet (32,900ft) more or less on the South West by Gbawe and Joma Lands measuring Seventeen Thousand, Seven Hundred and Thirty Feet (17,730ft) more or less covering an area of approximately 14.37Sq. Miles or 9201.48Sq Feet.

b.Declaration that the unlawful criminal and illegal activities of land guards terror group that commit acts of trespass and enforcements must be declared null and void.

c.Declaration that all the areas of trespass and encroachment that the defendants herein and their accomplices have invaded come within the area of ownership and control of the plaintiffs herein and their Royal family and this constitute acts of trespass and must be pulled down as illegal structures

d.Declaration that the Defendants herein are not members of or do not form part of the patrilineal Royal family of the plaintiffs herein and accordingly are not entitled to be trespassing on their lands and be third parties or worst still to be purporting to be using or hiding under the authority and name of the late Nii Robert Badoo the past head of their family to be executing Deed of indentures to give their lands away to others.

e.An order cancelling and nullifying any such acts of trespass and illegal acquisitions of plaintiffs lands.

f.An order permitting plaintiffs to destroy and bull doze down all such unauthorized structures put up on plaintiffs’ lands without their knowledge consent or permission.

g.An order for ejectment and recovery of possession

h.An order for demolishing all unauthorized struct