RICHARD ALABISON VS NELSON AGUDUAWU

This is an application for and on behalf of the defendant/applicant hereinafter referred to as applicant for an order joining Christopher Bedie and Mawuse Bedie to the suit as co-defendants and for further orders as the Honourable Court may deem fit.

I shall quote the relevant paragraphs as follows: 4. That whiles the instant suit is pending final hearing and determination, new foundation trenches have been dug on a portion of the land in readiness to commence a building project.

Please refer to Exhibit NA1 and NA2 being photographs of the current activities on the land.

5. That enquiries revealed that the said project was commenced by Christopher Bedie and Mawuse Bedie, a couple who revealed that the said project was being constructed on the authority of Simon Asiamah who intimated to them that he was the head of the Aguduawo Asiamah family.

6. That Christopher Bedie and Mawuse Bedie have ignored all admonitions to them to desist from developing the land as same was not acquired from the rightful representative of the Aguduawo Asiamah family and there is also a pending suit in respect of the land.

7. That in order for all matters in controversy to be dealt with once and for all, Christopher Bedie and Mawuse Bedie ought to be joined to the instant suit as co-defendants.

The defendant/respondent hereinafter referred to as respondent opposed the application.

I shall quote the relevant paragraphs as follows: 4. I have been served with a motion on notice to join one Christopher Bedie and Mawuse Bedie to the instant suit and I eagerly and strongly oppose to same as same is made for the reasons to delay the instant case.

5. That one Tabias Kofi Kalai acquired land from defendant/applicant’s family in 1978 and in 1986 Tabias Kofi Kalai sold portions of the said land to plaintiff’s predecessor Joseph Oyewusi.

6. Joseph Oyewusi caused his title in the land acquired to be registered at the Lands Commission Ho, as No. RV: 542/88. 7. I instituted this action against the defendant who is not the Head of Asiamah family when he broke my boundary pillars and entered the land and started selling portions of the land to unsuspecting buyers without the consent and the authorisation from plaintiff’s family.

8. There is already an order from this court restraining both parties from doing anything on the land till the final determination of instant suit 9. That any such developments on the land that injunction has been placed on can only be met with contempt pro