[2011]DLHC12048 • March 8, 2011 • High Court
BOI STOOL vs. DANIEL ADDOQUAYE ADDO, BENJAMIN TETTEH ADDO, NUUMO NMA SHIE FAMILY(As per head, DANIEL ADJETEY ADJEI)
The case concerns a land dispute over ownership of lands and villages near Adjancote Hills, acquired by the Government of Ghana for the GBC Television Satellite Station. The plaintiffs allege that prior judgments declaring the Nuumo Nmashie family as owners of certain lands were procured by fraud, specifically challenging the validity of a survey plan prepared by Surveyor Lassey, which formed the basis of the Court of Appeal and Supreme Court decisions. The plaintiffs seek declarations that these judgments and related orders are null and void due to fraud.
read moreJUDGMENT In this judgment, I do not intend to quote in toto the claims and counterclaims of the parties. This is because, they are long and wordy. I will however, refer to some of the reliefs where necessary in the judgment. The main issue that the Court had been called upon to decide, is what is contained in claims 4 & 6 of the reliefs – i.e. the declaration in Suit No. 49/80 to the effect that Nuumo Nmashie family and the other defendants are the owners of the land and villages as captured in the Survey Plan submitted during the hearing at the Court of Appeal, was procured through fraud. Further, the plaintiffs pray that this Court declares any judgment based on such findings as null and void, because the earlier judgments based on the survey report was fraudulent. The plaintiffs filed a fresh action in this Court claiming amongst other reliefs that, the judgments were obtained by fraud. The genesis of this present suit is the Government of Ghana acquiring the Adjancote H.....