[2008]DLCA6553 • April 3, 2008 • Court of Appeal
OKYEAME YIMA, TEYE TIMOTHY DOKU AND MRS. CHRISTIANA EDITH AGYAKWA vs. MAJOR KEELSON (RTD)
The case involves two consolidated suits concerning land originally purchased by a syndicate led by the late Odikro Kwabena Agyakwa from the Akim Aboakwa and Begoro stools. The plaintiffs, descendants of Odikro Agyakwa and members of the Krobo farmers syndicate, claim title and possession of portions of this land, alleging trespass and unlawful occupation by the defendant, Major Keelson (Rtd), who succeeded his uncle Kwesi Ghartey, a previous occupant. The defendant claims ownership based on a purchase by his uncle from Agyakwa and denies trespass, asserting lawful possession and tenancy arrangements with some occupants. The dispute centers on the validity of title, boundaries, and possession rights over the land parcels.
read moreARYEETEY, J.A. These two consolidated cases, which were marked as SUIT NO. L. 81/92 and SUIT NO. L 20/92 respectively in the court below, have a common origin. Both of them undisputedly have their roots in the land acquired by a purchasing syndicate by name Agyakwa and Company, whose leader was the late Odikro Kwabena Agyakwa of Begoro and Mampong-Akwapim, from the Akim Aboakwa and Begoro stools. Specifically the two consolidated cases supposedly relate to the portion of that land that was allotted to the late Odikro Agyakwa after the purchase. In respect of Suit No. L 81/92 the plaintiff’s position is that she and his late brother Dr. Samuel Nyako Agyakwa were two of the children of their late father Odikro Kwabena Agyakwa brought the action on their own behalf and on behalf of their brothers and sisters. In the course of the litigation in the court below Dr. Samuel Agyako, the first plaintiff died. Rather than applying to the court for substitution of her late brother, Christiana.....