SINO AFRICA DEVELOPMENT COMPANY LIMITED V. ROYAL BELL INVESTMENTS LIMITED, KWAME BLAY

JUDGMENT

PWAMANG JSC:-

My Lords, this is an interlocutory appeal arising from a case the plaintiff/applicant/appellant/respondent (the plaintiff) filed in the High Court, Land Division, Accra on 9th August 2021 and claimed for declaration of title to a tract of land at Borteman in the Tema Municipality, recovery of possession, perpetual injunction and damages for trespass. The plaintiff’s case is, that by a sublease dated 16th August 2010 it acquired the land in dispute from the Nungua Stool represented by the Nungua Mantse and Gborbu Wulomo of Nungua. Before the sublease to the plaintiff, the Stool itself was granted a Head Lease dated 12th August 2010 covering a large tract of land including the disputed land by the Government of Ghana for a term of 99 years. The history of the land is that by Certificate of Title dated 7th March, 1940, the colonial government compulsorily acquired the land from the Nungua Stool for agricultural purposes but as at 2010 a large portion of the land was …