[2022]DLHC16414 • November 3, 2022 • High Court
NII KWASHIE GBOLOR IV vs F. K. A. COMPANY LTD. , TRUSTEES OF CHRIST POWER ENCOUNTER INTERNATIONAL MINISTRY
The plaintiff, Nii Kwashie Gbolor IV, chief of the Ngleshie Amanfro stool, sued the defendants claiming title over a parcel of land. The defendants, including F. K. A. Company Ltd., rely on a Supreme Court decision (Sarkodie v. FKA Co. Ltd. 2009 SCGLR 65) which declared title over the disputed land in favor of the 1st defendant, holding that the Amanfro stool had no interest in the land. The plaintiff's claim is based on a different High Court decision that purported to declare title in favor of the Amanfro stool over the same land, which conflicts with the Supreme Court ruling.
read moreRULING Introduction On 1st November 2022, I heard an application on notice seeking to dismiss the plaintiff’s action as an abuse of process and I granted the said application and I adjourned the suit to 8th November 2022 to give my reasons for the ruling. I could however not deliver the reasons on the said day but I am able to deliver the reasons today 23rd November 2022. I will therefore proceed to give my reasons for the dismissal of the action. Relevance of Sarkodie v. FKA Co. Ltd. [2009] SCGLR 65 On 27th October 2008, the Supreme Court in the matter FKA Company Ltd. v. Effah Sarkodie; Civil Appeal No. J4/38/2007, gave judgment in respect of land containing an approximate area of 95.194 acres situate at New Weija, Accra by declaring title in favour of the plaintiff F. K. A. Company Ltd. (the 1st defendant in this suit). In the said judgment, the Supreme Court affirmed the decision of the Court of Appeal which had also affirmed the decision of the trial High Court. The .....