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ARYEE & ORS
V.
OKAI I & ORS

(2024) JELR 113265 (SC)

Supreme Court 11 Nov 2024 Ghana
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- Plaintiffs (head and lessees of the Djan Bi Amoo family) sought declaratory and ancillary reliefs over title to land at Danchira, alleging defendants (four composite families and the Lands Commission) obtained a land title certificate fra

Case Details

Suit Number:J4/15/2024
Judges:OWUSU (MS.) JSC (PRESIDING) LOVELACE-JOHNSON (MS.) JSC ASIEDU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:NII AKWEI BRUCE-THOMPSON ESQ. FOR THE DEFENDANTS/APPELLANTS/APPELLANTS WITH EBENEZER TEI AYIKU. EMMANUEL BRIGHT ATOKOH ESQ. FOR THE PLAINTIFFS/RESPONDENTS/RESPONDENTS WITH JUSTICE TSAKPOE AND RENNI ASHIE BOYE.

LOVELACE-JOHNSON (MS.) JSC:

In this judgment, the 2nd to 4th appellants will be described as defendants and the 1st to 5th respondents as plaintiffs.

On 16th January 2018, the plaintiffs in this case issued a writ at the high court for ten reliefs. See pages 1 to 13 of volume one of the record of appeal (ROA).

The defendants entered appearance on 10th April 2018 and thereafter a defence was filed for them. See pages 16 to 18 of the ROA.

The import and gist of the reliefs sought by the plaintiffs was that 1st plaintiff’s family held title to the land the subject matter of the writ, which title had been confirmed by many judgments of the courts, and that 2nd to 5th plaintiffs were their lessees.

They contend that the defendants having only been decreed a possessory title by the Supreme Court, the land title certificate acquired by the defendants from the 1st defendant/ Commission on the basis of that judgment was fraudulently obtained.

By their pleadings, the defendants stated that the owners…

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