OKONTI BORLEY & ANOTHER v. HAUSBAUER LIMITED

KUSI-APPIAH, J. A.

The respondents to this appeal, Okonti Borley and Okonti Bortey (hereinafter called the plaintiffs)brought an action at the High Court, Accra against the Appellant herein, Hausbauer Limited (hereinafter called the Defendant) for declaration of title to a piece or parcel of land lying and being at South Nmai Dzorn in the Greater Accra Region covering an approximate area of 132. 25 acres.

In their statement of claim, the plaintiffs pleaded that they were bringing the action as Principal Elders of the Okonti Bortey and Okonti Borley Family of Nungua.

Apart from the declaration, they also sought recovery of possession of the said land, general damages for trespass and an order for perpetual injunction against the defendant and its privies.

The facts which gave rise to the case are as follows: The plaintiffs who describe themselves as principal elders of Okonti Borley and Okonti Bortey family of Nungua claimed that their great-grandfather, one Borquaye, the Okonti of Nungua originally acquired the land and took possession thereof until his death in 1920. Thereafter, the family has remained in possession and occupation of the land from time immemorial with their father, Okonti Borketey in occupation until his death in 1986 followed by the plaintiffs sometime in 1990. The plaintiff claimed that their ancestors and thereafter themselves have been in lawful and continuous, undisturbed and uninterrupted possession and control of all that piece of land claimed in the endorsement.

It is the case of the plaintiffs that, by a lease dated 9th May, 1993, the Nungua stool confirmed their title in the said land.

But when they (plaintiffs) presented their document to the Lands Commission for registration, they discovered that the entire parcel has been registered in the name of the defendant who has sold and transferred portions of the land to developers.

Hence, they issued the writ of summons herein against them.

On their part, the defendant, a limited liability company registered under the laws of this country, filed a 13 paragraph defence in which they denied the very existence of plaintiffs family and their capacity as heads of that family.

They vehemently denied plaintiffs claim to ownership of the land, the alleged possession of their great-grandfather and that of themselves.

The defendant averred that they have been in lawful possession of their land since 1994 after a grant from the Nungua Stool which grant has been plotted and registered