[2008]DLSC2457 • October 27, 2008 • Supreme Court •
FKA COMPANY LTD vs. EFFAH SARKODIE
The Plaintiff, FKA Company Ltd, claimed title to approximately 95.194 acres of land at New Weija, Accra, alleging customary acquisition from the Weija Stool in 1980 by its Managing Director, who took possession and later requested the land documents be made in the company's name upon incorporation in 1998. The Defendant, Effah Sarkodie, claimed acquisition from the Ngleshie Amanfro Stool and subsequent payments to the Weija Chief, asserting the land was still government-owned and not released to the Stool. The Plaintiff alleged illegal trespass and damage by the Defendant.
read moreWOOD C.J BRIEF FACTS The Plaintiff/Respondent/Respondent (hereinafter known as the Plaintiff) issued out an Amended Writ of Summons and Statement of Claim on the 27th May 2003 for the following reliefs: 1. Declaration of title to all that land situate, lying and being at New Weija-Accra and containing an approximate area of 95.194 acres more or less and bounded on the Northwest by a proposed road measuring 2891.70 feet more or less, on the Northeast by a proposed road measuring 2656.39 feet more or less, on the Southeast by Weija lands measuring 1889.36 feet more or less and on the Southwest by Weija lands measuring 2068.55 more or less. 2. Recovery of possession 3. Damages for Trespass 4. Perpetual Injunction 5. Further or other orders Plaintiff’s case is that its Managing Director had acquired a large swathe of land from the Weija stool by way of customary grant in or about 1980. He immediately went into possession by clearing the land and erecting boundary pillars. In 199.....