ADOLF ANKRAH & 6 ORS. v. NII ADJABENG ANKRAH II

This Court of Appeal judgment, authored by Bartels-Kodwo J.A., arises from a land and family property dispute involving the Mantse Ankrah Royal Family of Accra. After the Appellants’ earlier interlocutory injunction application was dismissed for failing to identify specific land and because the Respondent was in possession of his Kaneshie residence, the Respondent successfully sought an injunction restraining the Appellants from entering and developing disputed lands at Mayera Faase, Mayera Akoto, and Afiaman, from burying non-members in the Mantse Ankrah Royal Mausoleum at Kaneshie, and from holding social activities at the forecourt of the Mantse Ankrah Palace. On appeal, the Appellants argued the trial judge misapprehended facts by overextending an earlier finding of possession and that the ruling was against the weight of the evidence. The Court of Appeal reviewed the pleadings, affidavits, and exhibits (including photographs and examples of burial and social activity uses), applied the principles governing appellate review of discretion and interlocutory injunctions, and held that the trial judge exercised discretion judiciously. The appeal was dismissed, the injunction affirmed, and costs of GHS 5,000 were awarded to the Respondent.