NII TACKIE AMOAH v. v. NII ARMAH OKINE & OTHERS

JUDGMENT

SOPHIA ADINYIRA (MRS.) JSC

The Plaintiffs issued a writ of summons against the Defendants claiming:

a) Declaration of title to all that land situate and lying and being at Danchira in the Ga South District of Accra in the Greater Accra Region and bounded on the Northwest by Honi Stream measuring 10,200 feet more or less; on the Northeast by Manhia, Ashalaja and Afuaman lands measuring 51,700 feet more or less; on the East by Joma ands, Densu River and Kwame Amu’s land measuring 10,300 feet more or less; on the South by Benyibe Pond, Amanfro and Domeaba lands measuring 17,500 feet more or less and on the Southwest by Amanfro lands measuring 3,500 feet more or less and containing an approximate area of 13,774 acres more or less

b) Recovery of possession

c) Damages for trespass

d) Perpetual Injunction

e) An order directed at 5th Defendant to expunge from all records all grants including that of the 3rd and 4th Defendants relating to Plaintiff’s land which were not made by Plaintiffs’ family

f) Further or other orders.

The writ was originally issued by the head and elder respectively of the Djan Bi Amu family also known as the Nii Amu family of Danchira. In the course of the proceedings at the High Court, the 2nd Plaintiff died and no substitution was done so we will only refer to one Plaintiff.

The family land at Danchira shares boundary on the South with the Amanfro family. Each family has registered at the Lands Commission a Statutory Declaration concerning their respective lands. According to the Plaintiff recently the family granted portions of their family land to certain people but when they made a search at the Lands Commission the results indicated portions of the Danchira land has been registered in the name of the 3rd and 4thdefendants who claim to have been granted the said portions of the land by the then chief of Amanfro, Nii Kwashie Gborlor 111. Pursuant to the said grants the 3rd and 4th Defendants have entered the land and have commenced developing the land. The defendants have employed land guards to threaten and intimidate members of plaintiff’s family who have attempted to ward them off the land.

The Defendants responded that all grants of land they have made fall within the Ngleshie Amanfro lands; but if any of the said grants fall within the Danchira land then the same must have been done within the authority of the true heads of Danchira. They also denied employing land guards to threaten and intimidate members of pla