[2004]DLSC6129May 5, 2004Supreme Court

ADJETEY AGBOSU & 5 ORS. vs. EBENEZER NIKOI KOTEY & 2 ORS.

MRS. WOOD J.S.C. In 1976, the 1st respondent family purportedly, by means of a statutory declaration, registered in themselves, a vast tract of land commonly known as Ashalley Botwe lands. Sixteen years later, attempts by the 1st -5th appellants on the one hand, and the 6th appellant on the other, by means of the same process, to register portions of those lands as belonging to their respective families i.e. Agbosu Freeman and Nmai Dzoru proved futile in view of protests raised by the 1st respondent. Clearly dissatisfied with this turn of events, the appellants instituted proceedings in the High Court in their respective capacities as the heads and principal elders of their families inter alia for the following reliefs: "(a) that the 1st, 2nd, 3rd, 4th and 5th plaintiffs are the owners in possession of all that piece and parcel of land described in their statement of claim and in the attached schedule marked "A". (b) an order of declaration of title in the 6th plaintiff family...