[2014]DLCA5605 • November 20, 2014 • Court of Appeal
MRS. VIVIAN AKU BROWN DANQUAH vs. SAMUEL LANQUAYE ODARTEY
The plaintiff, as Head of the Adutso family of Osu, claimed title and possession of a parcel of land at Abokobi in the Greater Accra Region, alleging ownership through ancestral settlement since 1854 and seeking to invalidate a statutory declaration registered by the defendant's family, the Odartey Sro family, who also claimed ownership by ancestral settlement over 200 years ago. The dispute involved conflicting claims of title, possession, and wrongful registration of land interests.
read moreKUSI-APPIAH, J.A.: By the amended writ of summons that commenced the action, the plaintiff, as Head of the Adutso family of Osu, sought against the defendant as Head of Odartey Sro family of Osu a declaration of title to a parcel of land said to be located at Abokobi in the Greater Accra containing over 500 acres. She also sought an order of perpetual injunction against the defendants and their agents, assigns or privies in respect of the said parcel of land. Again, the plaintiff sought against the defendants a declaration that the statutory declaration made by the defendant’s family covering plaintiff’s family land and registered as No. 3303/74 was wrongful, null and void and of no legal effect. Additionally, the plaintiff sought for recovery of possession and general damages for trespass against the defendant. The plaintiff also prayed for an order directing the Lands Commission and Land Title Registry to expunge the said plotting and registration (of plaintiff’s family land th...