BOARD OF GOVERNORS, ACHIMOTA SCHOOL vs. NII AKO NORTEI II , PLATINUM EQUITIES LIMITED AND LANDS COMMISSION

The case concerns a dispute over approximately 172.68 acres of land at Achimota, Accra, originally acquired by the colonial government in 1922 for the extension of Achimota School. The 1st Defendant, claiming to represent the Osu Stool, alleged adverse possession and sought to recover possession from the Lands Commission. The Board of Governors of Achimota School, the Plaintiff, was not a party to the initial suit (SOL/21/10) which resulted in a judgment in favor of the 1st Defendant. The Plaintiff only became aware of the judgment in 2013 and subsequently filed suit to assert its title and challenge the prior judgment on grounds including fraud and lack of capacity of the 1st Defendant to claim the land. The case involves complex procedural history and allegations of collusion and failure to notify the Plaintiff, who manages the school and claims ownership of the land.

DOTSE, JSC:- We wish to commence this delivery by the following quotation which we think sums up the conduct of all major stakeholders in this case. Quotation attributed to Thomas a Kempis. See Jack Fairweather’s Book “The Volunteer the true story of the resistance hero who infiltrated Auschwitz” unnumbered page before the contents. “Whoever loves much, does much. Whoever does a thing well does much And he does well who serves the common community before his own interest.” Emphasis This is an appeal by the Plaintiffs/ 1st Respondents/Appellants, hereafter, Plaintiffs against the judgment of the Court of Appeal dated 2nd November 2017. The Court of Appeal judgment referred to supra actually reversed the Ruling of (Judge No. 4) sitting at the High Court Accra, dated 20th July 2016 wherein she dismissed an application filed by the 1st Defendant/Appellant/1st Respondent, hereafter 1st Defendant, which sought to dismiss the suit filed therein by the Plaintiffs agains...