[2020]DLCA10014December 30, 2020Court of Appeal

BARCLAYS BANK OF GHANA LTD, ATTORNEY GENERAL AND LANDS COMMISSION vs. NII OKWEI KINKA DOWUONA VI OSU MANTSE

TANKO AMADU JSC (1) The crucial issues arising for determination in this consolidated appeal is whether the Trial Court correctly perceived and evaluated the evidence before it and accurately applied the Accra-Tema City Stool Lands (Vesting) Instrument, 1964 E.1. 108 of 1964 on the plots and buildings within the Osu Mantse layout on which the parcels of land in dispute herein are part of. (2) By writ issued from the registry of the Trial Court, the Plaintiff/ Respondent (hereinafter referred to as the “Respondent”) commenced action against the 1st Defendant/Appellant (hereinafter referred to the “1st Appellant”). By a process of amendment of the writ and order of the Trial Court suo motu, the 2nd Defendant and the 3rd Defendant/Appellant (Lands Commission) (hereinafter referred to as the “3rd Appellant”) were joined in the action. In the endorsement of reliefs the Respondent claimed against the 1st Appellant as follows:- “(a) A declaration that the lease dated the...