NUMO NARH KPORSU v. NENE TETTEH MEH III
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, MR. JUSTICE F.G. KORBIEH, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved the acting head of the Kabiawe Manya family seeking legal recognition of their ownership of a disputed piece of land in Old Ningo. The plaintiff claimed that the defendant, a sub-chief of the Wegebom family, was illegally alienating lands and needed to be restrained. The court examined the historical settlement claims of both parties, analyzed possession evidence, and considered the validity of statutory declarations and procedural adherence. The court found that both parties had settled almost simultaneously in Ningo, ruled that the disputed land was family land, and awarded the allodial title to the plaintiff's family. The defendant's counter-claim was dismissed, and damages and costs were awarded to the plaintiff.
On the 16/11/2004 the then plaintiff (in his capacity as the acting head of the Kabiawe Manya family (also known as the Kwaosi We) of Old Ningo) filed a writ of summons claiming from the defendant the following reliefs:
1. A declaration of title to a piece or parcel of land situate, lying and being at Old Ningo and bounded on the west by Loweh Adainya Family property, on the east by Mamomonor Family and Asre Family properties respectively, on the south by the sea and on the north by the Old Ningo/Tsopoli motor road, “all totaling about 316, 600 bearing Land Title Registration No. 360/1975”.
2. General damages for trespass.
3. Recovery of possession.
4. Perpetual injunction to restrain the defendant, his servants, successors-in-title, privies, assigns and any member of the Wegebom Family from laying claim to the Ahwiam lands at Great Ningo, and 5. Any other relief or reliefs.
In the accompanying statement of claim, the plaintiff averred, among other things, that he was the acting head of family of the Kabiewe Manya (aka the Kwaosi We)and custodian of lands of which the family are allodial owners, including the land described in the writ of summons; that the defendant was a sub-chief of the Wegebom family of Old Ningo; that it had come to his notice that the defendant had arrogated to himself the right of alienating lands to developers without recourse to his family; that the defendant had committed trespass on the lands and that unless restrained by the court the defendant would continue his acts of wanton and illegal alienation of the lands.
Upon being served the writ, the defendant initially entered a conditional appearance through counsel.
He then filed a motion to have the action dismissed and/or to have writ of summons and statement of claim set aside.
The motion was refused and the defendant filed a statement of defence.
In that statement, the defendant denied most of the material allegations of fact made by the plaintiff in his statement of claim.
He also averred, among other things, as follows: that even though one Numo Tetteh Kojo was the head of his family he (the defendant) was the chief of Ahwiam and would defend “this action in that capacity for and on behalf of himself and the said family. ” (My understanding of this clause is that the defendant would defend the action in his capacity as the chief of Ahwiam. ) The defendant then went on to aver further as follows: that the plaintiff and his family did not hail from Old Ningo and