Nii Amarkai III and 4 Ors v. Nii Oyeninna Teiko Tagoe and Asafoatse Adama
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ERIC KYEI BAFFOUR, ESQ
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Constitutional Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case concerns a dispute over the use and access of the Asere Mantse's palace in Kaneshie. The Plaintiff, claiming to be the acting Asere Mantse, sought an interlocutory injunction to prevent the Defendants from disturbing his quiet enjoyment of the palace. The court, considering the communal nature of the property and the potential for breach of peace, granted the injunction with conditions. The decision balanced the rights of all parties to access the palace while maintaining order, requiring the Defendants to notify authorities before entering for customary rites. The ruling emphasizes the court's role in ensuring justice and peace in disputes over communal property.
In suit No: GJ 597/2017 between Daniel Ashie Kotei & Anor v Nii Amarkai III, the Plaintiff/Applicant herein, where the Plaintiffs in that suit sought for an order of interlocutory injunction restraining the 1st Plaintiff herein and his assigns from trespassing or interfering with the Asere Mantse’s palace at Anunsah Clottey Street Kaneshie as the Asere Mantse’s official residence, I refused that prayer in my ruling as the allegation of renovation works that was being undertaken could not in any way constitute an alienation or sale of the property as Daniel Ashie Kotei had alleged.
In this application the Plaintiff prays for an order of interlocutory injunction, which had earlier been refused against him, to be granted to restrain the Defendants from disturbing his quiet enjoyment of the palace until the final determination of the suit.
In an affidavit deposed to in support of the application by the Plaintiff he styles himself as the Dzasetse of Asere and the acting Asere Mantse and the lawful representative of the Asere stool.
That the other Plaintiffs are principal Elders of Asere by virtue of their headship over Frimpongwe, Amartsewe, Anunsa and Asere Tsorno. Plaintiff depose that 1st Respondent being the head of Agbonwe and with 2nd Defendant as the Asafoatse within Asere the Defendants having been laying claim to the ownership of the land with a building thereon at Anunsa Clottey, Kaneshie, the Asere stool palace, which is the property of the Asere Stool.
To Plaintiff the Defendants have been disturbing the quiet enjoyment of the palace and threatening the lives of the Plaintiffs and other users of the palace.
To Plaintiff even though the Ga Traditional Council restrained the Defendants, yet they have ignored the restraining order made by the Ga Traditional Council.
And hence his prayer that the Defendants be restrained from disturbing his quiet enjoyment of the palace.
The Defendants have opposed the application for interlocutory injunction.
In an affidavit in opposition deposed to by the 1st Defendant he claim that the property is the Asere Mantse’s palace and it is for Asere Stool and therefore all Elders of Asere and people of Asere have the right to enter the palace.
And that they have not in any way disturbed the quiet enjoyment of any body.
Defendant further depose that by custom the 1st plaintiff only acts as Asere Mantse but with the appointment of a substantive one the 1st Plaintiff seized to act as Asere Mantse.
And therefore the