[2014]DLSC2867 • February 26, 2014 • Supreme Court •
ABED NORTEY vs. AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION, STEPHEN NARTEY AND DANIEL NARTEY
The plaintiff, representing the Osuwem Family of Prampram, claimed title to approximately 777.696 acres of Oshiokpo lands. The 2nd and 3rd respondents counterclaimed title to a larger area of approximately 1,561.932 acres known as Nii Nartey Borboryo family lands at Oshiokpo, Dahwenya. The dispute centered on conflicting claims to the land, with the 1st respondent as a nominal defendant who did not give evidence but relied on the 2nd and 3rd respondents' grant of the land to the institute. The High Court initially ruled in favor of the plaintiff, but the Court of Appeal reversed this, upholding the respondents' counterclaim. The plaintiff appealed to the Supreme Court.
read moreAKAMBA JSC; On 14th June 2012, the Court of Appeal by a unanimous decision overturned the judgment of the High Court Accra which had granted the reliefs sought by the plaintiff/respondent/appellant who shall hereinafter be referred to simply as the plaintiff. Aggrieved by this outcome, the plaintiff has filed the present appeal to this court. BRIEF FACTS The plaintiff commenced the action by writ initially against the 1st defendant/appellant/respondent (hereinafter simply referred as 1st respondent). The 2nd and 3rd respondents were later joined to the suit. The crux of the plaintiff’s claim was for a declaration of title to lands described as Oshiokpo lands covering an approximate area of 777.696 acres as land belonging to the Osuwem Family of Prampram which family plaintiff represents. The respondents denied the plaintiffs claims and by their amended statement of defence and counterclaim sought a declaration of title to the land known as Nii Nartey Borboryo family lands at Oshio.....