SIMILAR COMPANY LTD. & ANOTHER v. SOLOMON TETTEH & ORS

MERLEY A. WOOD JA

In this interlocutory appeal against the ruling of the High Court, Accra, delivered on 30th August 2019, the Applicant/Appellant seeks the setting aside of the aforesaid ruling.

The matters that have given rise to the interlocutory appeal are as follows:

The Plaintiff/Respondent (hereafter referred to as the Plaintiff or alternately as the Respondent) on 31st August 2018 sued out a Writ of Summons and a Statement of Claim against the 1st and 2nd Defendants and which was later amended following an application for joinder to include the 3rd Defendant on 14th November 2018 for following reliefs:

a. Declaration of title to all that piece or parcel of land situate lying and being at Ofankor in the Ga West District in the Greater Accra Region of the Republic of Ghana containing an approximate area of 12.09 Acres or 4.90 Hectares more or less and bounded on the North by proposed road measuring 66.1 feet more or less on the North East by Lessor’s land measuring 745.3 feet more or less on the South by Lessor’s land measuring 805.7 feet more or less on the West by Lessor’s land measuring 709.7 feet more or less which piece of land is more particularly delineated on the attached plan and edged pink showing the relevant measurements.

b. General damages for trespass.

c. Perpetual injunction restraining the Defendants, their agents, privies, assigns, servants, workmen and all people claiming through them from entering and dealing with the land subject matter of this suit.

d. Recovery of Possession.

e. Costs.

The Plaintiff as per his Statement of Claim, described himself as a builder and estate developer who bought twelve acres of land from the Nii Kofi Appenteng family of Otublohum through its Head and lawful representative Rev. Alex Aryeequaye which indenture covering it was given to him and same stamped at the Lands Commission. When in 2015, it came to his attention that there was a judgment in favour of one Mike Similao and two others, he approached the said Similao for regularization and same was done and he was allowed to take possession of the land by clearing same. However, the judgment in favour of Similao was overturned by the Supreme Court and so his grantors remain the owners of the land until otherwise determined. Even though he has granted portions of the land to some individuals, others have entered the land and are developing various portions. When he confronted them, they said their grantor was the 1st Defendant who is from the