[2010]DLSC5697 • April 29, 2010 • Supreme Court •
NII OKAIDJA III, PERCY OKOE ADDY AND OKOE ARYEE vs. NII TETTEY AHINAKWA II (SUBST. BY FRNACIS NII AYIKAI) AND THOMAS OKINE
The appellants obtained a judgment affecting chieftaincy from the Judicial Committee of the Greater Accra Regional House of Chiefs in 2003 and subsequently secured leave from the High Court to execute a writ of possession. The respondents, who claimed actual possession of the Gbese palace and alleged they were not notified as required by law, filed a writ of summons in the High Court seeking to set aside the writ of possession and restrain the appellants from interfering with their possession. The High Court granted relief to the respondents, which was affirmed by the Court of Appeal. The appellants appealed to the Supreme Court.
read moreGELEGBE US: This is an appeal from the unanimous decision of the Court of Appeal dated 5TH November, 2008 that affirmed the decision of the trial High Court in the matter ne ain The circunstances under which the proceedings herein arise before is may be sleteo thus. The defendants/appellants/appellants to whom I shall hereafter for convenient refer as the appellants obtained judgment in a cause affecting chieftaincy before the Judicial Committee of the Greater Accra Regional House of Chiefs on 17 February 2003 in a case entitled Nii Tetteh Ahinakwa 11 and Another vs. Nii Ayitey Agbofu 11and Another. Subsequently, they applied for and obtained from the High Court, Accra leave , to go into execution of the said judgment. Following the grant of leave to the appellants, it appears that they caused steps to be taken to enforce the writ of possession against the execution debtors in the said action. Following the said execution, the plaintiffs/respondents/ respondents to whom I shall hereaf...