ADJEI TETTEH ADJIETEH & ANOTHER vs THELMA ADZORKOR ADDY & ORS
October 24, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE AMOS WUNTAH WUNI
Areas of Law
- Civil Procedure
- Property and Real Estate Law
October 24, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the High Court in Accra, Justice Amos Wuntah Wuni considered an interlocutory motion by the Applicants seeking an order to preserve property D618/2 near the Ghana Post Office at James Town. The Applicants, relying on an affidavit, alleged that the Respondents had broken parts of the property, converted them into shops, and risked the accrual of third-party rights; they further described the property as a sacred site for the Adjei Sanaa Family ’s Black Stool and annual Ga rituals. The Respondents, led by 5th Defendant KWARTEI QUARTEY, opposed, asserting they are family members in occupation, the stores have long existed and were renovated by the family, property rates are paid, and no waste or leasing to third parties is occurring. Applying Order 25 Rule 2(1) of C.I. 47 and the preservation factors articulated in General Development Co Ltd v RAD Forest Products, the Court held that renovations maintain the property and prevent depreciation, so preservation would serve no useful purpose. The motion was dismissed, with GH a23,000 costs against each Applicant.
By a motion on notice filed on 13th May 2022, the Plaintiffs/Applicants (hereafter referred to as the Applicants) pray for an Order for the preservation of property no. D618/2 situate, being and lying to the west of Ghana Post Office (WATO) James Town, Accra. The application is undergirded by a statement of case and an affidavit in support deposed to and filed by JOSEPH SAKYI, the Administrative Officer/Law Clerk at ANKU.ANKU AT-LAW, lawyers for the Applicants.
It is the case of the Applicants that the Defendants/Respondents (hereafter referred to as the Respondents) have broken parts of the property in dispute and converted same into shops which are believed to have been leased to third parties for the benefit of the Respondents. It is also contended that the property in dispute serves as a sacred place of the Black Stool of the Adjei Sanaa Family of Gbese where the traditional Adjei Sanaa Annual Ga Rituals and Rites are performed. Therefore, it is argued that if the property is not preserved, third party rights are likely to accrue prematurely to the detriment of the Applicants.
The learned Counsel for the Applicants also contends that, because of the sacred nature of the Black Stool, the proper persons to carry out befitting renovation of the property in dispute are the Applicants who are the Chief and the Head of Family of the Adjei Sanaa Family as the Respondents are alleged to be largely gratuitous tenants.
The Respondents opposed the application and filed a thirteen (13) paragraphed affidavit in opposition quoted hereunder in extenso for its full force and effect –
“I, KWARTEI QUARTEY of H/No. D 618/2, Salaga Market Street, Accra make oath and say as follows:-
1. That I am the 5th Defendant/Respondent herein and the acting Head of the Adjei Sanaa Family.
2. That I depose [to] this affidavit in opposition on my own behalf and on behalf of the 1st, 2nd, 6th, 7th and 8th defendants with their consent.
3. That we are vehemently opposed to the application for preservation of the property we presently occupy as members of family.
4. That at the hearing of this application our lawyer shall seek leave of the Honorable Court to refer to the pleadings and processes so far filed in this action.
5. That contrary to the claim of the applicant, it is rather his refusal to cooperate with the Nae Wulomo to seek an amicable settlement of the case (please see copy of letter from the Nae Wulomo marked Exh. KW1).
6. That the claim by the applicants th