[2015]DLCA8049April 16, 2015Court of Appeal

OFEI KWAKU MANTE (SUBSTITUTED BY REV. ALEXANDER ARYEEQUAYE) vs. MIKE SIMILAO, S. K. BOTCHWAY AND KORTEI BOTCHWAY NII ARYEE ANNANG

ACQUAYE, J. A. The plaintiff, as head of Nii Kofi Appenteng family claimed a declaration of title to 416.88 acres of land situate between Ofankor and Kwabenya villages in Accra. He claimed the land was given to his ancestors by the elders of Pokuase in 1634 which they named Ambuanda and they have settled thereon since. It is the plaintiff’s case that his family made a statutory declaration of the said land on 17th September 1990 which was registered as No.969/1993 and that they have granted parts of the land to a number of people for farming and building. According to the plaintiff the defendants have recently entered the land and would not vacate hence the writ of summons. The 1st defendant denied the claims of the plaintiff and said that he had for a long time been in possession of the land as a grantee of the Odai Ntow Family and that his grantors made a statutory declaration which they registered as No. 2551/77. The 1st defendant stated that his grantors were never invited .....