[2017]DLCA5297 • November 9, 2017 • Court of Appeal
SINO-AFRICA DEVELOPMENT CO. LTD vs. LYDIA MENSAH
The plaintiff, Sino-Africa Development Co. Ltd, sued the defendant, Lydia Mensah, seeking declarations of title over 103.68 acres of land and alleging trespass by the defendant who had acquired approximately 1000.36 acres from some elders of Appollonia. The plaintiff claimed to have acquired a leasehold interest from Delimawue Company Limited, which had obtained the land from the Appollonia stool with consent from the principal elders and the Paramount Chief of Kpone. The defendant denied trespass and asserted lawful acquisition from the three ruling clan heads of Appollonia, who were alleged grantors of the land.
read moreAGYEMANG JA: In this interlocutory appeal against the ruling of the High Court, Land Division Tema, delivered on 19th December 2017, the defendant/appellant seeks a setting aside of the said ruling, and a further order joining the three clan heads of Appollonia as second, third and fourth defendants. The plaintiff sued out a writ of summons against the defendant/appellant at the court below seeking interalia, a declaration of title to “all that piece or parcel of land …which pieces of land total 103.68 acres”, a declaration that the defendant has trespassed onto a large portion thereof, and an order for recovery of possession of the said land. In the accompanying statement of claim, the plaintiff pleaded that it had on 27th January 2014, acquired the said parcel of land as the assignee of the unexpired term of a lease for a term of ninety-nine years held by a real estate company: Delimawue Company Limited (referred to hereafter as “Delimawue”).The said lease had been acquir...