[1987]DLSC794 • July 28, 1987 • Supreme Court •
OKOE vs. HORHOMENO III AND ANOTHER
The case concerns a long-standing land dispute over the Mukose lands in the Ga Traditional Area, specifically the extent of the land known as the 'green area' on a plan used in the landmark Adams case (Kotei v. Asere Stool). The plaintiff, representing the Nikoi Olai family, claimed possessory rights over a larger area (approximately 1909 acres) than the 903.15 acres adjudged by the Privy Council in the Adams case. The defendants, grantees from the Asere stool, disputed this claim, asserting that the land sold to them was outside the area adjudged to the plaintiff's family. The dispute involved conflicting survey plans and allegations of tampering with the original plan used in the Adams case.
read moreJUDGMENT OF SOWAH C.J. The quarter of Asere in the Ga Traditional Area otherwise known as Ga Mashie had been bedevilled with constitutional disputes for the past 200 years, and within the last 100 years with land disputes which appear interminable. Azu Crabbe C.J. said in Akramah II (Nii) v. Robertson (Consolidated) [1975] 2 G.L.R. 301 at 303, C.A. (full bench): “I think it is of the highest degree essential that the origin, nature and extent of Mukose lands should be determined once and for all; otherwise, as experience in this court has taught some of us, there will be no end to litigation about these lands until legal ingenuity is completely exhausted.” Before him Apaloo J.A. (as he then was) in Robertson v. Akramah II (Consolidated) [1973] 1 G.L.R. 445 at 447, C.A. had predicted “that a dispute about its ownership has come before the court and we suspect, unhappily, that this is not likely to be the last.” I must confess that I share the views of my predecesso...