[2024]DLCA17943 • February 1, 2024 • Court of Appeal
NII ASHITEY SAASABI II vs. BASHIRU IBRAHIM AGORO & 2ORS
The plaintiff, described in the proceedings as the Chief of Saasabi, claimed title to approximately 2147.15 acres of land at Saasabi near Oyibi, asserting that the defendants, with police assistance, entered the land in August 2018, cleared part of it, and erected a signboard claiming the land had been acquired from the chief of Obosomase. The plaintiff contended that the disputed land formed part of Saasabi/Tema lands, relying on historical boundary evidence, prior judgments, and survey materials. The 1st to 3rd defendants denied trespass, claimed title through their grandfather Alhassan Agoro who allegedly purchased about 300.52 acres from the Aduana Abrade family of Obosomase in 1977, and argued that Saasabi people were settlers on Ahwerase lands. A 4th defendant later joined, challenged the plaintiff’s status and asserted family ownership. A court-ordered composite plan became central to the dispute and showed the hatched disputed area within the Tema boundary plan and substantially within Saasabi stool lands. Portion indicated in judgment: opening factual narrative beginning “The brief facts of this appeal are…”; surveyor’s evidence at page 2931 ROA Vol. 3; and trial court findings reproduced in the Court of Appeal judgment.
read moreJUDGMENT DZAMEFE, JA This appeal emanates from the judgment of the High Court Land Division Accra dated 14th October, 2022. The brief facts of this appeal are that the plaintiff, the chief of Saasabi village under the Tema Traditional Council and the lawful Head of the Saasabi family in his statement of claim alleged that the defendants with the assistance of armed policeman entered Saasabi lands near Oyibi in the Kpone Katamanso Municipality and cleared a large portion of same. Thereafter they erected a sign post on the land claiming that they got same from the chief of Obosomase. It is his case that the land in issue does not belong to the people of Obosomase in the Eastern Region of Ghana and therefore have no right to enter the said land and to give same out to the defendants. The plaintiff gave the boundaries of the land in dispute, drawn by the colonial government in 1904 upon the request of the Ga Chiefs between Nungua and Tema, because of the frequent boundary disputes be...