NII AYITTEY ANIMELEY & ORS v. MRS. LAURA K. GYAMPOH

SUURBAAREH, J.A.: This is an appeal by the defendant/appellant, called Appellant hereinafter, against the judgment of the High Court, Accra dated 26th March, 2015. The action which was initially started by the first plaintiff/respondent as head of the Anyema Clottey Family of Achiaman, near Amasaman, was later joined in by the second plaintiff/respondent, upon an application, and who described himself as the lawful representative of Owura George Family of Nii Ahuma Kojo Family of James Town, Accra.

Following the order for joinder, the plaintiffs/respondents, who would be called Respondents hereinafter, filed an amended writ of summons on 28th October, 2013 in which they sought the following reliefs:

“(a) Declaration of title to all that piece or parcel of land situate, lying and being at Achiaman near Amasaman and containing an approximate area of 213.22 acres and more particularly described in the schedule hereunder.

(b) Recovery of possession of the said land.

(c) General damages for trespass.

(d) Recovery of arrears of ground rent in respect of a lease dated 31st August, 1979 and granted to plaintiff’s (sic) late father.

(e) An order directed to the defendant to discontinue with demolition of houses on the disputed land.

(f) An order directed to the defendant to seek the consent of the plaintiffs’ family before making grants in respect of the lease.

(g) Perpetual injunction restraining the defendant herself, her servants, assigns and those deriving title or authority from the defendant from dealing with the plaintiffs’ land.

(h) Cost.”

Following the amendment of the writ of summons after the joinder, on 13th November, 2013, a process, headed “Statement of Claim of 2nd Plaintiff”, was filed. By the heading of the process, the respondents in the action thereby filed separate statements of claim.

The facts giving rise to the instant appeal are not in any controversy. On 31st August, 1979, one Theodore Edmund Nahm Adjei, father of the appellant, entered into a lease agreement with some members of the Clottey family of Achiaman, who described themselves as legal heirs and successors to the estate of Owura George of Accra. The lease was for 99 years with a proviso for renewal for the same number of years. The agreement was witnessed by leading members of Nii Ahuma Kojo family who appended their signatures and or marks to the document.

Upon the death of Theodore Edmund Nahm Adjei, the appellant, who is his daughter, applied for and obtained letters