NII LANTE LAMPTEY v. R.O. LAMPTEY & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU, JA (PRESIDING)
- ADUAMA OSEI, JA
- SOWAH (MRS.), JA
Areas of Law
- Property Law
- Civil Procedure
- Land Registration
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The trial Court's decision to strike out the 3rd Defendants defense and dismiss its counterclaim was found to be erroneous. The appeal was allowed, and the case was remitted for the 3rd Defendants counterclaim to be heard on the merits.
ADUAMA OSEI
In this judgment, the Plaintiff/Respondent will be called “the Plaintiff”, and the Defendants/Appellants will be called “the Defendants”.
The writ of summons that commenced the suit was issued in the High Court on 31st May, 2007. The parties to the suit amended their processes several times and by the last of his amendments, the Plaintiff, as Head of the Lante Okunka Family of Danchira, claimed against the 1st, 2nd and 3rd Defendants jointly and severally as follows:
“(a) Declaration of title to a parcel of land [known as Danchira land] situate lying and being at Danchira in the Ga District of the Greater Accra Region of the Republic of Ghana and bounded on the North by Adaimbra Hill and bounded on the South by Amanfro lands; and bounded on the East by Banyebi Pond, Djoma and Afuaman; and bounded on the West by Akim Abuakwa land and the Honi Stream and covering a total area of 13,774 acres more or less.
“(b) General damages for trespass.
“(c) Perpetual injunction restraining the Defendants, their agents, assigns, privies, workmen, servants and all people claiming through them from entering and dealing in any manner with Plaintiff’s family land the subject matter of this suit.
“(d) An order declaring any purported registration of Plaintiff’s family land [Danchira land] by the Defendants family at Lands Commission and Land Title Registry null and void.
“(e) An order directing Lands Commission and Land Title to lapse and or expunge from its records any purported registration of Plaintiff’s family land the subject matter of this suit by the Defendants in their family name – Nii Djan Bi Amu family.
“(f) Recovery of possession of any portion of Danchira land encroached on by the 1st, 2nd and 3rd Defendants.”
The writ of summons had initially been issued against R.O. Odartei as Head of the Nii Djan-Bi Amu Family. Subsequently, however, with leave obtained by him, the Plaintiff had joined Nii Teiko Okai as 2nd Defendant. The 3rd Defendant company had been joined as a party on its own application in which it had alleged that the suit affected its interests and fortunes. The last of the amendments effected to the writ of summons disclosed R.O. Lamptey as the 1st Defendant.
Upon being joined as a party, the 3rd Defendant filed a statement of defence and counterclaim which, by its last amendment, claimed reliefs against the Plaintiff and the 1st Defendant jointly and severally as follows:
“(a) Declaration of title to the five (5) parcels of