- IN THE HIGH COURT OF JUSTICE
- HELD AT TEMA
- ACCRA – A.D. 2005
- A &M DEVELOPMENT CO. LTD
- 1. BOARD OF GOVERNORS OF THE PRESBYTERIAN BOYs SEC. SCH. AND SIXTH FORM SCIENCE COLLEGE
- 2. JOSEPH JECTY ASARE
DATE: 12TH MAY 2019
CASE NO: CS81/2003
CORAM: HER LORDSHIP BARBARA ACKAH-YENSU (MS)
Ayikai Doblo is a Ga settlement near Amasaman in the Ga District of the
Greater Accra Region. There is no dispute that Ayikai Doblo has three
significant principal families. These are the Okaine Mensah (We) family which
the instant Plaintiff claims he is head of, the Doblo (We) family and the Nii
Kweifio (We) family. But there are other smaller family units all of which are said
to have family ties with one or more of the three principal families. The three
families are said to jointly own Ayikai Doblo lands from time immemorial dating
nearly 300 years ago. It is also not in dispute that the Defendant herein is the
Chief of Ayikai Doblo and hails from one of the 3 principal families, the Nii
Kweifio We, where he is not the head thereof.
day of July 1973 Registered as No.
1600/1973 one Nii Odartei III had claimed ownership of a parcel of land at
Nsakina measuring approximately 5065 acres in area. The said declaration had
affected a parcel of land measuring approximately 780.53 acres which by a
deed of disclaimer dated 2/3/87 the said Nii Odartei III released to Nii Ayikai
Okaine aka Adjeitse deceased father of Plaintiff herein and Nii Doblo Ayikai II
the Defendant herein as RIGHTFUL OWNERS. (The emphasis is mine)
released under the deed of disclaimer has resulted in a dispute which has given
rise to this suit. Among other issues, a judicial determination of the ownership of
the entire Ayikai Doblo lands and how those lands can be properly and lawfully
alienated was also set down for determination.
In his Amended Statement of Claim field on 20/5/08 and further amended with
leave on 24/9/08 the Plaintiff claims against the Defendant as follows:
“(a). A declaration that the whole of the Ayikai Doblo family lands
described in paragraph 3 of the Amended Statement of Claim
is the joint property of all three families of Ayikai Doblo,
namely Okaine Mensah We, Doblo Shia and Nii Kweifio We,
with the Okaine Mensah We being the principal family that
leads the three families.
A declaration that save for the piece of land described in
schedule 1 no single member or Head of any of the three
families and no two of the said families without the third family
can validly alienate Ayikai Doblo lands or any portion of it.
A Declaration that only the heads of the three families
currently the Plaintiff, the head of family of Defendants Kweifio
We and J. O. Lamptey acting jointly can validly alienate Ayikai
Doblo lands or any portion of it (save for the piece of land
described in schedule „1‟).
A Declaration that the purported alienation of Ayikai Doblo
lands by the Defendant is illegal and does not confer any title
on any person, the same being null and void and of no effect.
A declaration that any third party who enters onto or deals
with Ayikai Doblo lands in reliance on any purported grant by
the Defendant commits trespass.
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Any purported alienation by the Defendant alone of any
portion of schedule „1‟ save for the 180 acres carved for him is
void and of no effect and therefore does not confer any title on
any person or in the alternative.
(g). Any purported alienation by the Defendant alone of any
portion of schedule 1 is void and of no effect and therefore
does not confer any title on any third party.
An order perpetually restraining the Defendant whether by
himself or his agents purported assigns workmen or other
howsoever from alienating Ayikai Doblo lands or any portion
of it without the heads of Okaine Mensah We (currently the
Plaintiff) and Doblo Shia.
An order perpetually restraining the Defendant whether by
himself or his agents, purported assigns workmen or other
howsoever from alienating any portion of schedule 1 (save the
180 acres carved out for him and his family;) or in the
An order perpetually restraining the Defendant alone whether
by himself or his agents, purported assigns workmen or other
howsoever from alienating any portion of schedule 1.
Recovery of possession for the benefit of all the three Ayikai
Doblo families and the Plaintiff as the case may be of all lands
wrongfully alienated by the Defendant.
Further or other relief”.
By an Amended Statement of Defence filed on 23/9/08 the Defendant
counterclaimed against the Plaintiff as follows:
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Disclaimer is the legitimate property of Ayikai Doblo family.
A Declaration that the land the subject matter of the Deed of
Disclaimer is not the personal property of Nii Ayikai Okaine
alias Adjeitse Ayikai the father of the Plaintiff.
(c). Perpetual injunction restraining the Plaintiff, his servants,
privies workmen assigns and all people claiming through him
from entering and dealing in any manner with the land the
subject matter of the Disclaimer which is in dispute.
(d). Recovery of possession for the benefit of Ayikai Doblo family
and the Defendant any portion of the lands unlawfully
encroached on or alienated by the Plaintiff”.
THE PLAINTIFF‟S CASE
The Plaintiff‟s case is that he is the stool father of Ayikai Doblo and the eldest
son of his late father, Nii Ayikai Okaine. He also claims to be a co –
administrator of the estate of his late father. He asserts in paragraph 3 of his
Statement of Claim that Ayikai Doblo lands are jointly owned by three families,
they being Okaine Mensah We, Doblo Shia, and Nii Kweifio We. He gives a
vivid description of the Ayikai Doblo family land which measures approximately
4, 419.20 acres. He further asserts that by reason of the joint ownership of
Ayikai Doblo lands by the three families, alienation of any portion thereof can
only be lawfully done with the consent and authority of the respective heads of
the families while admitting that there have not been any demarcation of the
entire Ayikai Doblo lands among the three families.