SAMUEL DOUGLAS LANQUAYE LAMPTEY v. MOGYABI YEDOM LTD & 16 OTHERS

At the Ghana High Court, His Lordship Mr. Justice S.H. Ocran dismissed the land claims of Samuel Douglas Lanquaye Lamptey, who sued Mogyabi Yedom Limited and individuals including the 6th and 9th defendants for declarations of title, injunction, breach of lease, and trespass. Multiple writs had been filed under the same suit number, but the court ruled that an amended writ filed on 19 October 2005 without leave was void, leaving the 9 May 2005 writ as the operative pleading. Substituted service was defective, and crucially, the 1st defendant company was never properly served. On the merits, exhibits showed ownership by named individuals rather than the Nii Anoi Lantey family, so the plaintiff lacked capacity to recover land for the family. Further, undeniable evidence established that the 6th and 9th defendants had occupied and developed the land since 1986, rendering the claims time-barred under section 10 of the Limitation Decree and supporting adverse possession under GHICOC v Hanna Assi. Registered conveyance (exhibit B) carried presumptions of regularity and ownership; no court had set it aside. The court granted the 9th defendant’s counterclaim for declaration and injunction, and awarded costs.