F.K .A COMPANY LIMITED V. ADJEI BOADI

JUDGMENT

ABBAN (MRS), J.A.

This appeal emanates from a judgment of the Land Division of the High Court, Accra, dated the 29th October, 2009. The judgment went against the defendant (herein referred to as the Appellant) and being aggrieved, he has appealed to this court.

This case has no complexity as to the facts put before the trial High Court Judge. 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. He got the land by way of customary grant in year 1980. Subsequently, he requested that all documentation in respect of the lands he purchased should be prepared in the name of the plaintiff company, FKA Ltd. This was done in May 1998 and the company was given an indenture which it claims it got registered. Because of defendant’s trespass on the land, it sued him claiming –

a. Declaration of title to all that piece or par…