[1988]DLSC785 • May 19, 1988 • Supreme Court •
NARTEY vs. MECHANICAL LLOYD ASSEMBLY PLANT LIMITED
The plaintiff acquired a 9.12-acre farm land at Frafraha in 1976 from the Frafraha Mantse, Nii Komey Okpoti, with customary and later written title. The plaintiff took possession, cultivated the land, and made improvements. The defendants claimed title through a grant from the La Mantse and entered the land in 1978, destroying crops and structures. The plaintiff sued for declaration of title, damages, recovery of possession, and injunction. The High Court ruled for the plaintiff; the Court of Appeal reversed. The plaintiff appealed to the Supreme Court.
read moreThis is an appeal from the judgment of the Court of Appeal (Edusei, Edward Wiredu and Osei-Hwere JJ.A.) dated 31 July 1985: see Mechanical Lloyd Assembly Plant Ltd. v. Nartey [1984-86] 1G.L.R. 412, CA wherein their lordships reversed a judgment by the High Court, Accra (Hayfron J.) dated 16 October 1984. In the action the plaintiff claimed: (a) a declaration of title to a piece of land at Frafraha (at times described as Fafraha) covering a total area of 9.12 acres; (b) ¢250,000 damages for trespass; (c) Recovery of possession of the said land; and (d) An injunction to restrain the defendants, their servants or agents or both from entering upon the said land. In 1976 the plaintiff-appellant (hereafter referred to simply as the plaintiff) acquired a piece of farm land at Frafraha measuring 9.12 acres. The land was demarcated for him, on the instructions of the Frafraha Mantse, Nii Okpoti, by the family’s surveyor and Nii Okpoti’s son. The elders who had been i...