June 21, 2006
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Aninakwah JSC, heard a further appeal by the Mantse of Boi, acting for the Boi Stool, after the High Court and Court of Appeal rejected his claim to 87.68 acres near Abokobi, an injunction, and damages. He alleged that Abladzei villagers (members of the Nii Ashong Lomotey family) were licensees on Boi land who had begun asserting ownership and expanded their claims. The co-defendant Numo Nmashie family of Teshie, represented by Nii Azaria Adjei Klu, maintained that a customary grant made some 200 years ago vested the land in the Lomotey family and relied on Civil Appeal No. 49/80 relating to Adjancote Hill, acquired for the Ghana Broadcasting Corporation, where Numo Nmashie was recognized for compensation. The Supreme Court found internal contradictions in the plaintiff’s traditional evidence (vacant settlement versus conquest), accepted evidence of defendants’ possession, applied issue estoppel from CA 49/80 on contiguous villages, and dismissed the appeal, affirming the Court of Appeal.
J U DG M E N T
ANINAKWA JSC
This is an appeal against the unanimous decision of the Court of Appeal confirming the decision of the trial High Court in a claim for: -
“ 1) Declaration of Title to ALL THAT PIECE OR PARCEL LAND situate lying and being at Boi near Abokobi Accra and containing an approximate area of 87.68 acres and surrounded on all sides and completely by land belonging to Boi Stool.
Perpetual injunction restraining the Defendants their agents and privies from entering the said land
General damages”.
In a terse pleadings as contained in his statement of claim, the Plaintiff/Appellant/Appellant (hereinafter referred to as the Plaintiff) describes himself as the Mantse of Boi, a village near Abokobi and the lawful representative of the Stool of Boi and brings this action for himself and on behalf of the Stool of Boi. Plaintiff alleges that the Stool land of Boi village covers an approximate area of 543.92 acres.
The Plaintiff alleges further that the Defents/Respondents/Respondents (hereinafter referred to as Defendants) are inhabitants of Abladzei another village also near Abokobi and about three miles away from Boi.
According to Plaintiff, the Stool of Boi gave the Defendants predecessors leave and licence to farm on the Northeastern portion of Boi land, which licence the Defendants were enjoying.
It is contention of the Plaintiff that, notwithstanding as aforesaid, recently Defendants started alleging title to the land on which they were granted leave to farm and have even extended their claim to a greater portion of Boi land.
The plaintiff maintains that the Defendants’ conduct constitutes trespass on his ancestral land and consequently warned them off but they persist in their act of trespass.
Later Co-Defendant/Respondents/Respondent (hereinafter referred to as Co-Defendant) Numo Nmashie family of Teshie, through its lawful head of family Nii Azaria Adjei Klu, was made to join as Co-Defendant.
By their very elaborate Statements of Defence, Defendant and Co-Defendant deny the Plaintiffs claim. They maintain that the land in dispute belong to the Nii Ashong Lomotey family of which the defendant are members. The said land was a subject of a customary grant made to their said family by the original owners Numo Nmashie family, the Co-Defendant herein, some two (200) hundred years ago, and they have been in possession ever since.
The Defendant and Co-Defendant maintain and contend that the two area in dispute forms part and pa