NII KOTEY AMLI III VS KOTEI DZANIE & ORS

Nii Kotey Amli III, the head and lawful representative of the La Klannaa Quarter, sued to assert that a parcel within La Bawaleshie-Otele (East Legon) belongs to his family and to recover it from adverse occupants. The Quarter had leased the land to the 1st Defendant in 2002; the Plaintiff contended the lease was later assigned to the 2nd Defendant without necessary family consent, and a storey building was erected, eventually occupied by the 3rd Defendant after a High Court judgment in BL/438/2006. The 3rd Defendant traced title to the Nungua Stool through Nii Odai Ayiku IV, whom the Plaintiff said was destooled in 1967 (EI 18). Evidence from the Lands Commission, Ghana Immigration Service, the Administrator of Stool Lands, and a Court-appointed surveyor was received. The surveyor’s composite plan established that the 3rd Defendant’s site plan did not match the suit land, while the 2nd Defendant’s overlapped it. The court held the land forms part of La Klannaa Quarter’s Otele lands and that the 3rd Defendant’s execution exceeded his judgment’s bounds and was a nullity. Claims against the 1st and 2nd Defendants were dismissed for lack of proof and privity; the 2nd Defendant’s bona fide purchaser defence failed. Final orders granted title declaration, recovery, trespass damages, injunction, nominal damages, and costs against the 3rd Defendant.