NII OKWEI KINKA DOWUONA v. v. BARCLAYS BANK OF GHANA LTD. & ORS

ACKAH-YENSU (MS.) JSC:-

INTRODUCTION

On the 2nd of June 1930, the then Colonial Government executed a Deed of Exchange with the Osu Stool and its elders in respect of certain parcels of land in Accra, notably, Ridge, Dzorwulu, and Osu. The lands were described in the first, second, and third Schedules of the Deed of Exchange. By the Deed of Exchange, the Osu Stool was acknowledged and recognized as the only Stool to deal with or grant the said lands which included the two (2) plots, subject matter of the present appeal (Plot Nos. 53 and 54, 5th Avenue, Osu Mantse’s Layout, European Residential Area).

Following this, the Osu Stool effected various grants to persons including Barclays Bank (Dominion Colonial or Overseas), 1st Defendant/Appellant/Appellant’s predecessor-in-title. Subsequently, on the 18th of September 1964, the President of the Republic of Ghana vested certain lands in the Osu Mantse’s Layout in himself in trust for the Osu Stool pursuant to the Accra-Tema City Stool Lands (Vesting) Instrument (1964) E.I. 108.

Truly, the present matter is not the first that has put in controversy E.I. 108 of 1964. See cases such as Wiredu v Kobia-Amanfi [1991] 1 GLR 517; In Re Osu Stool; Nii Ako Nortei II (Mankralo of Osu) v Nortey Owuoo III (Intervener) [2005-2006] SCGLR 628; Omaboe III v The Attorney-General & Lands Commission [2005-2006] SCGLR 579; Kpobi Tettey Tsuru III v Attorney-General [2010] SCGLR 904.

In this appeal, the simple yet fundamental issue that confronts us is whether The Accra-Tema City Stool Lands (Vesting) Instrument, E.I. 108 of 1964 affected lands that were already occupied. Put differently, could the Osu Stool still exercise its rights over occupied lands within the Osu Mantse Layout (including the disputed plots) following the coming into force of E.I. 108?

The parties will maintain their designations as at the trial court in this delivery. Consequently, the Plaintiff/Respondent/Respondent will be referred to simply as the “Plaintiff”, the 1st Defendant/Appellant/Appellant, as the “1st Defendant”, the 2nd Defendant as the “2nd Defendant”, and the 3rd Defendant/Appellant/Appellant as the “3rd Defendant”.

BACKGROUND

By its amended Writ of Summons dated 7th July 2017, the Plaintiff claimed for the following reliefs against the Defendants:

“a.A declaration that the lease dated 20th day of May 1939 on plots 53 & 54, 5th Avenue, Osu Mantse’s Layout, European Residential Area, Osu, Accra, between Plaintiff Stool and Barclay