NII ASHITEY SAASABI II v. BASHIRU IBRAHIN AGORO & 2 ORS

KWOFIE JSC:

My lords, this is an appeal against the judgment of the Court of Appeal delivered on 1st February, 2024 wherein the Court dismissed the defendants/appellants appeal and affirmed the judgment of the trial High Court, Accra. Still dissatisfied with the judgment of the Court of Appeal, the defendant/appellants launched the present appeal to the apex court per a Notice of Appeal dated 23rd April 2024 on the following grounds:

a) The decision is against the weight of evidence.

b) The learned justices of the Court of Appeal erred in law when they held that the respondent didn’t need to specify on the Writ of Summons and Statement of claim the capacity in which he instituted the action in the High Court.

Particulars of error of law

The decision that in a representative action the plaintiff does not need to state specifically in the Writ of Summons and Statement of claim the capacity in which he institutes the action.

c) The learned justices of the Court of Appeal erred in their decision that the respondent’s action is not statute – barred.

d) The learned justices of the Court of Appeal erred in their finding that the land in dispute is Saasabi Stool land.

The Background

By an amended Writ of Summons filed on the 8th of October 2020, accompanied with an amended statement of claim, the plaintiff claimed against the four (4) defendants as follows:

a) Declaration of title to all that piece or parcel of land situate, lying and being between Nungua lands to the West, Adegon lands to the South and Adenkesu lands to the East, and the Krowe, Nii Annang Nkpa, Nii Ashitey Akotiapong and Nii Ashitey Kwadzobo family lands to the North covering an area of 2147.15 acres or 874.75 Hectares.

b) Recovery of possession of all that piece or parcel of land described in paragraph 8 of the statement of claim

c) Perpetual injunction against the defendants, their agents successors, agents and all those claiming through the defendants

d) Damages for trespass to all Saasabi stool lands trespassed upon by the 1st, 2nd and 3rd defendants

e) An order directed at the Lands Commission to cancel the plotting of Saasabi lands which was done in the name of the 1st, 2nd and 3rd defendants grandfather Alhassan Agoro

f) Declaration that the 4th defendant is not the head of the Nii Annang Nkpa family which had contributed part of the Nii Annang Nkpa family land and put same under Saasabi Stool.

Plaintiff’s case :