NINGO TRADITIONAL COUNCIL VS NENE TEYE KWESI KWETEY II & 12 ORS

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:

1. That I am the legitimate head of the Dorsi Animle family of Osudoku (2nd

Defendant/Applicant herein) and Deponent hereto.

1. 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.

2. 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.

3. 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”).

1. That on the 4th day of February 2020, the High Court presided over by His

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”).

1. Following an appeal by the Plaintiff against the decision of the High Court,

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”).

1. That the Plaintif/Respondent in the instant Application have been served with the Entry of Judgment notifying it of the Judgment in favour of the 2nd

Defendant/App