NINGO TRADITIONAL COUNCIL VS NENE TEYE KWESI KWETEY II & 12 ORS
November 15, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
November 15, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court, His Lordship Emmanuel Amo Yartey (J) considered an application brought on May 23, 2022 by Nene Aadegborg Ngmongmowuya Kwesi Animle VI, Paramount Chief of Osudoku and head of the Dorsi Animle family, seeking an order to eject identified individuals and those claiming through them from Agortor, Huapa, and Kpanchedu lands in the Shai Osudoku Traditional Area. The application was grounded on an Entry of Judgment and a Court of Appeal decision that dismissed a prior appeal and declared the initiating writ null for want of capacity. The affidavit alleged the respondents, members of the Djangmarku, Lower, and Kabiawe clans, were tenants of the Applicant’s family and engaged in violent land guard activities, assaults, and shootings. The court noted the tenants’ status and advised peaceful coexistence, but concluded that relief could not be granted on the strength of a null writ. On that procedural basis, the application was dismissed.
On the 23rd day of May, 2022 the 2nd Defendant/Applicant filed the instant Application praying the Court for an order ejecting Tetteh Gazo, Mauna, Akpey, Wayo, Obadai Atseku, Sodja, Adjei, Angmornor, Oman, Debrah and Siaw Terkutey/Djawutey, their agents, assigns, servants, privies, workmen and any person(s) claiming through them from Agortor, Huapa and Kpanchedu lands situate along the Shai Osudoku Traditional Area.
The nucleus of the Application is captured by the Affidavit in Support of the Application as follows:
“I, NENE AADEGBOR NGMONGMOWUYAA KWESI ANIMLE VI, Paramount Chief of Osudoku Traditional Area and the current President of the Greater Accra Regional House of Chiefs respectively, in the Greater Accra Region of the Republic of Ghana make oath and say as follows:
Defendant/Applicant herein) and Deponent hereto.
That I depose to these matters of fact which are within my personal knowledge, belief and information. Where they are not, I shall state the source of my information.
That at the hearing of this Application, Counsel shall pray the Court for leave to refer to all processes so far filed in the suit.
That the Plaintiff/Respondent issued a Writ of Summons in the Registry of
this Honourable Court on the 9th day of August, 2019. (Copy of Writ of Summon and Statement of Claim attached and marked as Exhibit “NANKA 1”).
Lordship Justice Emmanuel Amo Yartey, having considered the merits of the submissions by respective parties dismissed the Plaintiff's action, thereby terminating the suit. (Attached hereto is a copy of the Ruling of the High Court marked as Exhibit "NANKA 2”).
their Lordships SENYO DZAMEFE A, P. BRIGHT MENSAH JA and NOVISI ARYENE JA sitting in the Court of Appeal on the 29th day of July 2021 and the said Justices SENYO DZAMEFE A, P. BRIGHT MENSAH JA and NOVISI ARYENE JA having considered the appeal, dismissed same thereby affirming the decision of the High Court in favour of the Defendants/ Respondents respectively herein. (Attached hereto are copies of the Judgment of the Court of Appeal marked as Exhibit "NANKA 3”).
Defendant/App