[2014]DLSC4784 • March 19, 2014 • Supreme Court •
ARMAR NMAI BOI AND 2 OTHERS vs. ADJETEY ADJEI AND 12 OTHERS
The Plaintiffs, children of the late Ebenezer Nmai Boye, claimed ownership of approximately 8.2 acres of land at North Teshie, allegedly purchased by their late father in 1961 from Nii Klu Din, supported by an indenture registered in 1985 and a Land Title Certificate obtained in 2007. They alleged wrongful trespass and unauthorized construction by the Defendants, who denied the Plaintiffs' claim, asserting that two Plaintiffs were minors and one unborn at the time of the alleged purchase, and claimed their own title from the Tsie We Family of Kle Musum Quarter, having been in undisturbed possession for over 12 years. The Defendants also alleged fraud in the Plaintiffs' Land Title Certificate acquisition.
read moreSOPHIA ADINYIRA (MRS.) JSC: This is an appeal from the judgment of the Court of Appeal, Accra dated 16 February2012. The Plaintiffs/Respondent /Respondent (Plaintiffs), began an action before The High Court Accra on 17 May 2007, against the Defendants/Appellants/Appellants (Defendants) jointly and severally for the following reliefs: a) A declaration of title to all that piece or parcel of land situate lying and being at North Teshie and bounded on the North by one Mr. A. Laryea’s land measuring 900 feet more or less on the South by A. Kanton’s land measuring 900 feet more or less on the East by the Vendor’s land measuring 400 feet more or less and on the Westby the Vendor’s land measuring 900 feet more or less and covering an approximate area of 8.2 Acres. b) Recovery of possession c) Damages for trespass d) Perpetual injunction restraining the Defendants, their servants, agents, workmen and all those claiming through them from entering on to the land in dispute and carry...