[2014]DLSC6390 • February 5, 2014 • Supreme Court •
BENYAK COMPANY LTD vs. PAYTELL LTD & 3 ORS
The plaintiff, Benyak Company Ltd, claimed title to a parcel of land at Kwabenya, alleging acquisition in 1999 from two families, including Nii Aryee Anang, the head of the Odai Ntow family. The plaintiff alleged that the third defendant fraudulently obtained title to the same land through forged documents and collusion with Lands Commission officials. The defendants denied these allegations, asserting prior valid title from the same grantor dating back to 1986, and claimed the plaintiff's grant was invalid. The dispute centered on competing grants from a common grantor, Nii Aryee Anang, and allegations of fraud and trespass.
read moreANIN YEBOAH JSC This is an appeal from the unanimous decision of the Court of Appeal, Accra, which affirmed the decision of the High Court, Accra, in favour of the defendants/ respondents/ respondents hereinafter simply referred to as the defendants. The plaintiff/appellant/appellant (who for the sake of brevity shall be referred to in this appeal) as the plaintiff, issued a writ of summons against the defendants on 20/10/2003 for declaration of title to a piece or parcel of land at Kwabenya. The allegations of facts pleaded against the defendants appeared to be straightforward and simple to comprehend. The plaintiff averred that in 1999, one Ben Nyarko trading under the name and style of BENYAK VENTURES acquired over thirty (30) acres of vacant land at Kwabenya from NII NAGLESHIE ADDY-ABOASA family of Accra, the registered proprietors of the land at the Land Title Registry and NII ARYEE ANANG, head and lawful representative of the NII ODAI NTOW family of Ashonmang[sic], Accra, ori...