CHRISTOPHER DZAH v. JOSHUA KODZO AGBO & ORS
2016
HIGH COURT
GHANA
CORAM
- Justice Immoru Ziblim
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a principal member of the Gazi Clan, sued the Defendants alleging unauthorized sales of clan lands without proper consultation or accountability, seeking an interim injunction. The Court found the Plaintiff had locus standi but noted procedural confusion regarding the Plaintiff's representation. The Court held that the Plaintiff failed to establish a prima facie case and that granting the injunction would hinder community development and cause hardship to the Defendants. Consequently, the interim injunction was denied, and costs were awarded to the defendants.
RULING
On the 17th March, 2014 the Plaintiff who calls himself a principal member of the defendants clan sued the defendants herein for several reliefs. Indeed the reliefs are seven (7) but the most germane to the discussion of this Motion for Injunction is only the following:
“Declaration that the defendants can only deal with the clan's lands with the full concurrence of all its principal members and head and not only a few of them."
In his statement of claim, the plaintiff averred, that as a principal member of the Gazi Clan, he has its interest at heart, its progress for that matter and as a principal member, institutes the instant suit to protect its interest and ensure accountability. That the headship of the Gazi Clan rotates among the families and currently the 2nd defendant is the head. That the children of the members, by practice and convention, since time immemorial, continue to farm portions their fathers farmed on before. That the defendants have however disturbed this time tested convention and practice by indiscriminately disposing of lands being used, occupied and possessed by members of the clan aside those not occupied. The plaintiff averred also that the defendants have been talked to severally to stop their acts but to no avail. The plaintiff further said that the defendants have disposed of lands and continue to do so despite several persistent or consistent pleas by the members not to do so. Finally, the plaintiff, in his statement of claim, deposed to the fact that the defendants, despite the sales have refused to account to members of the clan despite several demands.
So these have been the concerns of the plaintiff when he issued the Writ and tacked same with his Motion for an interim injunction. The plaintiff says that he is suing as a principal member of his family. Actually he has sued the principal members of his family including the second defendant who is the head of the Gazi Clan. The question is whether the plaintiff has locus standi in this matter to sue and for that matter to apply for an interim injunction. It can be seen from the Writ that the plaintiff is suing as a principal member of the Gazi Clan. He has also sued other members. The members sued are also principal members of the Gazi Clan. Indeed the clan that the plaintiff belongs to. And, the 2nd defendant Togbe Agbo III is the head of the Gazi Clan. And so, even though the principle is that; if the plaintiff were to be suing as a principal member of his fami