F.K .A COMPANY LIMITED vs. ADJEI BOADI

The dispute concerned land at New Weija, Accra, claimed by both parties through grants traceable to the Weija Stool. The plaintiff company’s managing director said he first acquired the land by customary grant in 1980 and later caused the documentation to be prepared in the company’s name in May 1998, after which the company obtained an indenture and claimed registration. The plaintiff sued for declaration of title, damages for trespass, special damages, and perpetual injunction. The defendant said he initially bought land from the Amanfrom Stool in 1999, later discovered the land belonged to the Weija Stool, and then obtained a grant from the Weija Stool. He also later formed the view, after a Lands Commission search, that the land was government-acquired land and counterclaimed for a declaration that the plaintiff’s indenture was null and void and for its cancellation. Portion of judgment: “It is a case of two entities one an individual and the other a company purchasing land from the same stool under different circumstances… The plaintiff’s Managing Director claims he acquired the land from the Weija Stool… by way of customary grant in year 1980… documentation… prepared in the name of the plaintiff company… in May 1998… Because of defendant’s trespass on the land, it sued him…” and “The defendant on the other hand claims that initially he bought the land from the stool of Amanfrom in 1999… After consulting the Weija Stool, they agreed and made a grant to him of the land… he also now believes that the land… did not belong to the Weija Stool but to the Government of Ghana… With this search result he has a counterclaim…”