PACIFIC SOLUTIONS & SERICES LIMITED & ANOR v. MINISTRY OF FOOD & AGRICULTURE & ORS

1.0 INTRODUCTION:

The facts of this case as captured by the Amended Statement of Claim is that the 1st Plaintiff is a limited liability company registered under the Companies Act of Ghana. The 2nd Plaintiff is a Director of the 1st Plaintiff Company. That the 1st Defendant is a key Ministry of the Republic of Ghana, while 3rd Defendant is a department or agency under the Ministry of Food and Agriculture.

1.1 That the 2nd Defendant is a nominal defendant and under the constitution of the Republic of Ghana, acts as chief legal adviser to the Republic of Ghana and thus legally deals or represents all Governmental Agencies Ministries and Departments.

1.2 The 4th Defendant is a company registered under the laws of Ghana and engaged in construction. That the 4th Defendant has entered unto the land in dispute and has constructed a fence wall on portions of the land in dispute without the consent of the Plaintiffs.

1.3 That by a Land Title Certificate No. GA11751/Vol. 019 Folio 552 dated 31st day of August, 2015 with Registration No. 50853, Top Kings Limited, became the registered proprietor of all that piece or parcel of land situate, laying and being at Borteyman in the Tema District of the Greater Accra Region containing an approximate area of 1.089 acres or 0.441 hectare more or less and bounded on the North-West by proposed road measuring 324.8 feet more or less, on the North-East by lessor’s land measuring 155.7 feet more or less, on the South-East by lessor’s land measuring 284.9 feet more or less, on the South-West by lessor’s land measuring 155.7 feet more or less.

1.4 That Top King Limited traces its root of title from Nungua Stool and Nungua Development Trust in which by a lease referred to as the head lease, the president of the Republic of Ghana acting by the Chairman of the Lands Commission leased all that part of the Nungua Farms’ land containing an area of nine hundred and seventy-two decimal four six (976- 466) acres or 374.820 hectares to the Nungua Stool for a term of ninety-nine (99) years with effect from the 16th day of April, 2009.

1.5 That having secured the said piece or parcel of land, the Nungua Stool and Nungua Development Trust, acting per its representatives – Nii Odai Kwei III (Nungua Kroowah/Noryaa Mantse, Nii Botwe Laryea II, Nungua Dzaasetse/Kotobabi Mantse, Nii Quaye alibi Oasakpi I (Larweh Dzaasetse) and Nii Botey Okplen Dzate Sane I (Obanai Mantse), of the one part and Top Kings Limited 17.032 acres which form