NII KOFI AKRASHIE II vs JOBBIES LIMITED & ORS
April 2, 2025
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
April 2, 2025
HIGH COURT
GHANA
CORAM
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Plaintiff is the chief of Oshiyie in the Ga Municipal Assembly in Greater Accra Region.
The 1st Defendant is a Limited Liability Company with its registered offices in Kaneshie Accra whereas the 2nd Defendant is a statutory body established by government with administrative responsibility for the Ga South Municipal Assembly. The 3rd Defendant is the statutory body responsible for land administration within Ghana.
The Plaintiff says that originally Oshiyie was founded by their ancestor Nii Kwashie Yaah together with his kinsmen called Nii Kwi and Nii Barnor who were natives of the James Town Quarter of Ngleshie Alata and were fishermen and farmers. The Gold Coast Chief List of 1028-1929 lists the then headman of the village of Oshiyie as Onukpa Otu who was a direct descendant of Nii Kwashie Yaah the founder of the Osgiyie Township.
That from time immemorial, Oshiyie being an Ngleshie Alata James Town settlement, the inhabitants and headmen has owed allegiance to the James Town Paramount stool. Furthermore, in the high court case entitled Concession Enquiry No. 1120(Accra) Nmako Salt Concession reported in the [1961] GLR, in which judgment was given in favour of the James Town Stool. the evidence of Nii Adja Kwao 11 the Manche of James Town , Accra was that the James Town stools is and has been the owner of the land around sakumo river and the bed of the said river from time immemorial and that part of the land was granted to James Town Stool subjects who founded the James Town villages of Tetteh-Ogbu, Mpoasem, Jonkobli, Dama, Aplaku Borteh-Annorh, Kokrobitey, Oshiyie and Oblogo, several hundreds of years ago and the said villages have been and still are wholly occupied by James Town Stool subjects who pay tribute to the James Town Stool. That over the years the purely Ga settlement was joined by certain persons who migrated from Moree in the Central Region who were mostly referred to as the Annoh family. That Afadi Annoh family who migrated from Moree fraudulenly converted Oshiyie stool lands into family lands. A member of the Afadi Annoh family who succeeded to the stool called Nii Afadi 111 executed a deed of indenture dated 26th August 1976 between himself and a certain Harry Ashite with land Registry No. 220/1976. AC 7124 A/75, 32000/28448. The said document clearly stated that the Oshiyie lands are stool lands and was alienated with the consent and concurrence of the principal elders of the stool whose consent and concurrence was a required for the
AI Generated Summary
The High Court, presided over by Justice Jane Harriet Akweley Quaye (Mrs.), adjudicated a land dispute involving the Chief of Oshiyie, a limited liability company (1st Defendant), the Ga South Municipal Assembly (2nd Defendant), and the Lands Commission (3rd Defendant). The Plaintiff traced Oshiyie’s stool land ownership to the James Town Paramount Stool and showed longstanding possession. In 2018, the stool gifted the Nana Koo site to the Municipal Assembly for a clinic, now completed. In 2019, despite a caveat referencing pending litigation, the Lands Commission registered 1.78 acres—including the clinic land—in the 1st Defendant’s name, on a document alleged to be backdated to 2004 with suspect signatures linked to a deceased signatory. Applying the Land Act (Act 1036), Brown v. Quashigah, AKOTO II, and rules on unchallenged evidence and fraud, the Court found collusion, held the 1st Defendant’s grant null and void, set aside Land Title Certificate No. GA59993, ordered its deletion, and adjudged the Plaintiff the lessee/owner of the described parcel. It noted no dispute with the 2nd Defendant, who derives title from Plaintiff.