NANA KOFI OWUSU v. KWAKU OWUSU ANSAH _ BAFFOUR APPIAH DANKWA

J U D G M E N T

SOPHIA ADINYIRA (MRS.) J.S.C.: On 14 June 2002, the Court of Appeal overturned the grant of an order of interim injunction by the High Court Kumasi. That judgment is the subject of the present appeal.

The appellant was the co-defendant at the High Court and the respondent was the plaintiff. On 20 October 2000, the plaintiff/respondent (hereinafter referred to as plaintiff) who claims to be the Odikro of Twedie and caretaker chief of all Twedie lands on behalf of Toasehene, sued the defendant a citizen and Assemblyman of Twedie, for declaration of title, damages for trespass, recovery of possession and perpetual injunction in respect of a piece and parcel of land earmarked for Durbar Grounds for the community by the Bosomtwe-Atwima Kwanwoma District Planning Authority. His complaint was that the defendant had sent a caterpillar to clear the land and had deposited sand on the land for development.

The defendant admitted entering upon the land, which he claimed was allocated to him by the Anantahene whom he claimed to be the owner of the Twedie lands. The Anantahene applied and was joined as co-defendant to the action. The co-defendant/appellant (hereinafter referred to as co-defendant) counter-claimed for the usufructuary or possessory title of the whole of Twedieland which is bounded by rivers Amoakowaa, Danyame and Ayankoa, which he claimed was demarcated from part of Toaseland to settle subjects of Anantahene upon the orders of Otumfuor Opoku Ware I about 300 years ago. The co-defendant applied for an order of interim injunction restraining the plaintiff from making allocation of plots of land of the properties in dispute pending the final determination of the action.

The trial court granted the order of interim injunction against the plaintiff. His reasoning was as follows:

“It is noted that the land in dispute and other lands in the area are subject of protracted litigation since 1946 between the co-defendant and the Toasehene. The exhibit tendered also indicates that the co-defendant has a petition pending before the Kumasi Traditional Council in respect of the land in the area including the disputed land. That dispute is between the co-defendant and the Toasehene and the plaintiff in this case is alleging that he is the agent of the Toasehene.

From the pleadings and the submissions the co-defendant says he is the Odikro of Twedie and the plaintiff says he is the Odikro of Twedie and/Agyekum. This contention raises serious legal i