[2009]DLHC7430 • July 3, 2009 • High Court
AGRICATTLE LAKESIDE ESTATES LTD. (PLAINTIFF) vs. LANDS COMMISSION AND NII OUT AKWETEY (DEFENDANTS)
The plaintiff, Agricattle Lakeside Estates Ltd., claimed ownership and lawful possession of a large tract of land at Ashalley Botwe (also referred to as Katamanso) covered by Land Title Certificate No. TD 0153, originally leased from the Nungua stool via Black Watch Cattle Breeding Farms. The defendants, Lands Commission and Nii Out Akwetey (the chief of Katamanso), disputed the plaintiff's title and possession, asserting the land belonged to Katamanso stool and that the plaintiff's land was encroached upon by judgments favoring the defendants. The dispute involved conflicting claims over land boundaries, title validity, and rightful possession.
read moreBy a writ of summons issued on the 16th April, 2007, the plaintiff claims against the defendants jointly and severally for: “a). A declaration that the plotting of the judgment of the High Court, Accra in suit No. BL 272/2006 by 1st defendant to affect the interest of the plaintiff covered by Land Title Certificate No. TD 0153 is wrongful. b). An order directed at 1st defendant to amend the plotting of the judgment of the High Court Accra in suit No. BL 272/2006 to exclude plaintiff’s land covered by Land Title Certificate number TD 0153”. Attached to the plaintiff’s writ of summons was a statement of claim.The defendants entered appearance and thereafter the 2nd defendant filed a defence which was later amended. Indeed, the 2nd defendant also filed a counter-claim in which he claims against the plaintiff for: “(1) Declaration of title to all that parcel of land vividly described by the Plaintiff in suit No. L. 84/99 which is situate, lying and being at Katamanso cont...