NENE DOKUTSO TEI KWABLA HEAD OF TEI KWABLA FAMILY SUING FOR HIMSELF AND ON BEHALF OF TEI KWABLA FAMILY OF OLD NINGO vs. LAND COMMISSION WESTERN REGION HOUSE OF CHIEFS

The plaintiff, Nene Dokutso Tei Kwabla, representing himself and the Tei Kwabla family of Old Ningo, claimed ownership of approximately 33,000 acres of land at Bundase. The land was allegedly acquired by the Government of Ghana in 1968 and vested in the President in trust for the owners. The plaintiff asserted adverse possession for over 30 years, claiming the Government had abandoned the land and unlawfully allocated it to the 2nd defendant, Western Region House of Chiefs, without family consent. The 2nd defendant contended it lawfully acquired a lease for the land following liquidation of a subsidiary company operating on the land. The High Court dismissed the plaintiff's claim, leading to this appeal.

KUSI-APPIAH, JA:- By his writ of summons filed on the 13th of February 2009, the plaintiff brought this action for himself and on behalf of the Tei Kwabla family of Ningo jointly and severally against the defendants for;- 1. “Declaration of title to all that piece of land situate and lying at Bundase containing an approximate area of 33,000 acres bounded on the North East by Shai lands on the South East by Bundase lands on the South West by Dawhenya and on the North West by Prampram lands. 2. A declaration that the vesting of the piece or parcel of land known as Bundase lands in the 2nd defendant situate at Bundase aforesaid and described in the schedule to the 1968 Instrument aforesaid as null and void. 3. Recovery of possession in favour of the plaintiff. 4. An order upon the 2nd defendant to refund to the plaintiff all rent, revenue or any valuable consideration that have accrued to the 2nd defendant as a result of the Administration of the said land. 5. A declar.....