Gbese Stool v Issaka and Others (LD/0068/2024) [2025] GHAHC 167 (21 May 2025)

1 IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE LAND DIVISION 10 HELD ON WEDNESDAY THE 21st DAY OF MAY 2025 BEFOREHIS LORDSHIP JUSTICE KWAMEGYAMFIOSEI ‘J’ SUITNO:LD/0068/2024 THEGBESE STOOL Acting by Dr Nii Ayi-Bonte II Gbese Mantse :PLAINTIFF VRS JIMMYISSAKA BERNARDODEI MUMUNIKADIRI REXBRUCE VALERIOMICHELETTI ANNIBALEPOLA :DEFENDANTS 1 2 J U DGMEN T The Plaintiff per itswrit ofsummons claims against the Defendants thefollowing reliefs “1.Declaration of Title to ALL THAT piece or parcel of land described in the SCHEDULE hereto. 2.RecoveryofPossession 3.GeneralDamagesforTrespass 4.Perpetual Injunction restraining the Defendants from interferrnig with Plaintiff’s quiet enjoyment. This writ was issued on the 8th of November 2023. Attempts to serve the Defendants with the writ proved futile compelling the Plaintiff to have been served by substituted service. The Defendants were accordingly served on the 28th of March 2024. Despite tjis service none of the Defendants showed up in court. The Plaintiff after serving the subsrquent processes on them through the same mode testified on the 14th of November 2024. The Plaintiff testified through Nii Armah Okpah II who is the Chief of Agbogbloshie. He told the court that the disputed land is the property of the Gbese Stool and the title of the said Stool has received courts pronouncements from the Superior courts hence the allodial ownership of the stool cannot be questioned. According to the witness the 2 3 disputed land was leased to the 5th and 6th Defendants by some subjects of the Gbese Stool for a period of 50 years beginning 1956, which same period has expired. He tendered a copy of the lease agreement marked Exhibit B. The said lease, which has no renewal clause expired in 2006 hence same has reverted to the Plaintiff. The 1st to the 4th Defendant without any consent from the Plaintiff have entered the land and erected wooden structures on same. The Plaintiff invited the said Defendants to come for regularization of their stay on the land but they refused. The Plaintiff further tendered a copy of the Gold Coast Chiefs List in evidence and same marked Exhibit C, which according to the Plaintiff establishes the control the Plaintiff has over the subject land. The witness further tendered Exhibit D which is aPlan ofthe whole area confirming the Plaintiff as owner of the land. According to the witness the 5th and 6th Defendants are now defunct and have no interest in the disputed land. The witness therefore prayed the court to enter judgment against the Defendants since they lack any form of conveyancefromthe Plaintiff, the allodial owner. As I have indicated supra none of the Defendants contested the matter hence no issue was joined. In the premise the only issue to be resolved is whether the reliefs prayed for could be granted having regard tothe evidence led by thePlaintiff. Since all the evidence led by the Plaintiff were not denied I am bound to hold that same are true. Indeed the Place where the disputed land is i.e. Avenor forms part of the Plaintiff’s stool land. Exhibit “C” which is the Gold Coast Chief List attests to the fact 3 4 that same forms part of the Plaintiff’s stool land. Indeed the disputed land is bounded on all sides by land belonging to the Plaintiff hence there is no doubt about the Plaintiff’s allodial ownership of the disputed land. The presence of the 1st to the 4th Defendants could not be justified by them. By their default they are nothing but trespassers. Again once the lease granted to the 5th and 6th Defendants has expired and there is no renewal clause in same, they have no title to same. Consequently I enter judgmentagainst the Defendants inthese terms I declare the Plaintiff as the owner of all that piece or parcel of land situate , lying and being on Nsawam road at Avenor in the greater Accra Region of the Republic of Ghana and bounded on the North by Gbese stool land measuring on that side 312 feet more or less, on the South by Gbese Stool land measuring on that side partly 214 feet and partly 108 feet more or less, on the East by the Lessor’s land forming the site of the proposed widening ofthe Nsawam Road and measuring onthat side 112 feet more or less, and on the West by Gbese Stool land measuring on that side 180 feet more or less and containing an approximate area of 1308 acres as the same is more particularly delineated onthe Plan attached heretoand thereonshewn edgedPink. I order the recovery of all that piece or parcel of land situate , lying and being on Nsawam road at Avenor in the greater Accra Region of the Republic of Ghana and bounded on the North by Gbese stool land measuring on that side 312 feet more or less, on the South by Gbese Stool land measuring on that side partly 214 feet and partly 108 4 5 feet more or less, on the East by the Lessor’s land forming the site of the proposed widening ofthe Nsawam Road and measuring onthat side 112 feet more or less, and on the West by Gbese Stool land measuring on that side 180 feet more or less and containing an approximate area of 1308 acres as the same is more particularly delineated onthe Plan attached heretoand thereonshewn edgedPink. Iaward cost of GHC 60,000.00against the Defendants Lastly I perpetually restrain the Defendants from interfering with a all that piece or parcel of land situate , lying and being on Nsawam road at Avenor in the greater Accra Region of the Republic of Ghana and bounded on the North by Gbese stool land measuring on that side 312 feet more or less, on the South by Gbese Stool land measuring on that side partly 214 feet and partly 108 feet more or less, on the East by the Lessor’s land forming the site of the proposed widening of the Nsawam Road and measuring on that side 112 feet more or less, and on the West by Gbese Stool land measuring onthat side 180 feetmore orless and containing anapproximate area of1308 acres as the same is more particularly delineated on the Plan attached hereto and thereonshewn edgedPink. CostofGHC 40,000against theDefendants. 5 6 (SGD) KWAMEGYAMFIOSEI JUSTICEOF THE HIGH COURT LANDDIVISION10 COUNSEL FELIXQUARTEY FORPLAINTIFF 6