[2011]DLHC15057 • 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 the ownership of lands and villages near Boi, Greater Accra Region, involving the Boi Stool as plaintiffs and Daniel Addoquaye Addo, Benjamin Tetteh Addo, and the Nuumo Nmashie family as defendants. The dispute arose from a prior Land Tribunal decision and subsequent Court of Appeal judgment based on a survey plan by Surveyor Lassey, which the plaintiffs allege was procured by fraud, misrepresenting ownership of various villages and lands. The plaintiffs seek to have the prior judgments declared null and void due to fraud and claim title to the land near Boi. The defendants deny fraud and assert ownership based on historical settlement and prior judgments.
read moreIn 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 Hills for t.....