ABDUL RAHMAN BOSSAH ADAMS v. NII ADU KOFI II
March 10, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE RITA AGYEMAN-BUDU (MRS
Areas of Law
- Civil Procedure
- Property and Real Estate Law
March 10, 2023
HIGH COURT
GHANA
CORAM
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This Ruling is in respect of Motion on notice for Interlocutory Injunction to restrain
Defendant/Respondent herein, their agents, assigns and privies from entering and or
trespassing and making any development on the land as described in Paragraph 6 of
the Affidavit in Support.
This was filed by Plaintiff/Applicant on the 3rd of August, 2022. It is
Plaintiff/Applicant’s case that he is the head of Bossah We Family and then bear the
allodial title for some tracts of land situate, lying and being at Kubekrom near
Tema (described in Paragraph 6 of the Affidavit in Support which states as follows:
“That the Plaintiff/ Applicant is head of the Bossah We family, the family
that bears the allodial title for some tracts of land situate, lying and being at
Kubekro near Tema from pillar TBEAB 1 to TBEAB 2 bearing of 284.0° at a
distance of 305.00' feet more or less. Thence from pillar TBEAB 2 to pillar
TBEAB 3 bearing of 249.0° at a distance of 820.00' feet more or less. Thence
from pillar TBEAB 3 to pillar TBEAB 4 bearing of 339.30° at a distance of
620.00' feet more or less. Thence from pillar TBEAB 4 to pillar TBEAB 5 a
bearing of 353.15° at a distance of 300.00' feet more or less. Thence from pillar
TBEAB 5 to pillar TBEAB 6 a bearing of 343.15° at a distance of 530.00' feet
more or less. thence from pillar TBEAB 6 to pillar TBEAB 7 a bearing of
357.15° at a distance of 540.00 feet more or less. Thence from pillar TBEAB
7 to pillar TBEAB 8 a bearing of 352.15° at a distance of 240.00' feet more or
less. thence from pillar TBEAB 8 to pilar TBEAB 9 a bearing of 345.45° at a
distance of 580.00' feet more or less. Thence from pillar TBEAB 9 to pilar
TBEAB 10 a bearing of 345.45° at a distance of 490.00' feet more or less.
Thence from pillar TBEAB 10 to pilar TBEAB 11 a bearing of 348,30° at a
distance of 480.00' feet more or less. Thence from pillar TBEAB 11 to pilar
TBEAB 12 a bearing of 51.30% at a distance of 1110.00 feet more or less.
Thence from pillar TBEAB 12 to pilar TBEAB 13 a bearing of 99.45° at a
distance of 850.00' feet more or less. Thence from pillar TBEAB 13 to Dilar
TBEAB 14 a bearing of 159.02° at a distance of 1000.00' feet more or less.
Thence from pillar TBEAB 14 to pilar TBEAB 15 a bearing of 159.03° at a
distance of 520.00' feet more or less. Thence from pillar TBEAB 15 to pilar
TBEAB 16 a bearing of 159.03° at a distance of 740.00' feet more or less.
Thence from pillar TBEAB 16 to pilar TBEAB 17 a bearing of 15
AI Generated Summary
The Ghana High Court, per Her Ladyship Justice Rita Agyeman-Budu, considered an interlocutory motion by the head of the Bossah We Family seeking to restrain the Defendant/Respondent and those claiming through him from entering or developing land at Kubekrom near Tema. The plaintiff relied on traditional evidence of allodial title, long possession via farming and wells, and exhibits including a statutory declaration, photographs, video, and a committee report, while the defendant asserted that the Odaitsewe Family founded and possesses Kubekro, the town is already developed, and grantees hold Land Title Certificates, referencing a prior High Court suit LD/0016/2017. Applying Order 25 rule 1(1) and Supreme Court authorities (18th July v Yehans; Welford Quarcoo; American Cyanamid), the court held the plaintiff had not shown a protectable right or irreparable harm; extensive existing development and third-party interests meant the balance of convenience favored refusal. The motion was dismissed, with no order as to costs, and the case will proceed to trial.