SAMUEL KOFI AKOTOWA AMAR v. AMO MANTEY

The Plaintiff issued a writ on 10th May 2005 accompanied by a statement of claim and claimed the following:

1. Declaration of title of ALL THAT LAND situate lying and being at CHIRIBRA ODUMASE near SAMSAM in the Greater Accra Region of the Republic of Ghana and bounded on the North-East by Nii Odartey’s land measuring 3211 feet more or less, on the South-east by the Korleman Mantsi’s properties measuring 2963 feet more or less, on the North-West by Atta Doku, Okafio and Ataa Sowah’s properties measuring 1119 feet and 990 feet more or less, on the West by Ataa Doku and Ataa Sowah’s properties measuring 8841 feet and 3992 feet more or less and on the East by Adjei Tse Klu, Ochimma and Atta Kwashie’s properties measuring 4867 feet more or less and covering an approximate area of 598.00 acres which piece or parcel of land is more particularly delineated on the plan attached to the Statutory Declaration of Nii Kwame Perbi II dated the 28th day of May 1999 and numbered AR/2652A/2000.

2. Damages for trespass onto the said lands.

3. Recovering of possession of the said lands.

4. Perpetual injunction restraining the Defendant either by himself, his servants, agents, assigns, personal representatives, whomsoever or otherwise whatsoever from entering the said land or having anything to do with the said land.

The Defendant entered appearance and filed a defence to the claim and counterclaimed on 8th July, 2005 as follows:

1. Declaration of title to the said land the subject of the suit as absolute owner.

2. Perpetual Injunction restraining the Plaintiff from interfering with the Defendants quiet enjoyment of the said land.

3. Cost on full recovery basis including solicitor’s cost.

On 1st December, 2005 the issues set out in the Application for Directions filed on 2nd November, 2005 and additional issues filed on 21st November, 2005 were set down for hearing.

These issues are as follows:

I. Whether or not the Plaintiff is the Head of Family of the Nii Kwame Perbi Family and sues per his lawful Attorney Jonathan Ayikai Ayi-Bonte.

II. Whether or not Plaintiff’s ancestor by name Nii Kwame Perbi acquired the disputed land around the early part of the 18th century after migrating from Asante Nsuta to Accra through Dunpong in the 1740’s.

III. Whether or not the said Nii Kwame Perbi was great herbalist, a hunter and a brave warrior, was subsequently integrated into the Ga Traditional family system and made captain of the Great Asafo Company of Gbese.

IV.