Customer Support

KING ODAIFIO WELENTSI II & ANOR
V.
DAVID MENSAH QUAYE & ANOR

(2023) JELR 112434 (CA)

Court of Appeal 19 Jan 2023 Ghana
BriefBot icon

BriefBot Summary

Free

- The Plaintiffs, acting for the Nungua Stool (allodial owners of the Santeo Lands, Accra), initiated suit claiming declarations of title, injunction, damages, and costs, alleging the Defendants had trespassed and encroached on lands purpor

Case Details

Suit Number:H1/216/2022
Judges:SENYO DZAMEFE J. A. PRESIDING POKU-ACHEAMPONG, J. A. NOVISI A. ARYENE, J. A.
Location:Accra

J U D G M E N T

POKU-ACHEAMPONG, J.A.:

This is an interlocutory appeal against the ruling of an Accra High Court dated 7th April 2022. The ruling restrains both parties in the action i.e. the Plaintiffs/Respondents and the 1st Defendant/Appellant from carrying out any development on the land in dispute, save developments which have already reached advanced stages are allowed to continue. 

Facts:

The Plaintiffs/Respondents brought an action on behalf of the Nungua Stool, the allodial title holders of the Santeo Lands in Accra of which the disputed land forms part. The Plaintiffs averred that they had made grants to Tema Development Company Limited (TDC), individuals and corporate entities. While Plaintiffs’ grantees were in the process of developing the lands alienated to them Plaintiffs observed the disturbing situation that certain persons including the Defendants had encroached on its stool lands.

Plaintiffs averred that the Nungua Stool assigned people to go and warn these unauthorized …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.