[2012]DLCA8669January 11, 2012Court of Appeal

THOMAS APPIAH ANSAH AND 1,391 OTHERS vs. NANA KATAKYIRE II, RAPID OIL GHANA LTD., SYMBOIL GHANA LTD. AND THE WESTERN REGIONAL LANDS COMMISSION

MARFUL-SAU, JA:- I have had the opportunity of reading in advance the reasoned opinion of my able brother Dennis Adjei, JA and I agree with his conclusions that the appeal be allowed. I only wish to add my voice by addressing ground (i) of the grounds of appeal formulated in the Notice of Appeal filed by the appellant. That ground states as follows:- ‘’ (i) The plaintiffs have not identified the land(s) in respect of which they sue.’’ The plaintiffs/respondents herein, to be referred to as respondent, by their writ of summons sought the following reliefs; ‘’(i)The plaintiffs mostly cocoa farmers are primary food crop farmers claim against the defendants a declaration from the court that the land on which they are farming is family land other than stool land. (ii) An order from the court restraining the 1st defendant from alienating the subject-matter in dispute herein to either the 2nd and or 3rd defendants. (iii) An order declaring any lease agreement made betw...