[2012]DLCA3622 • January 11, 2012 • Court of Appeal
THOMAS APPIAH ANSAH vs. NANA KATAKYIRE II AND OTHERS
The respondents, mostly cocoa and food crop farmers residing within the Wassa Manso Division, claimed family land distinct from the appellant's stool land. The appellant, the Divisional Chief and overlord, allegedly intended to lease large tracts of this land to third parties without the respondents' consent. The respondents instituted suit seeking declarations and injunctions to restrain the appellant and others from alienating or interfering with their farmland possession. The High Court granted an interlocutory injunction restraining the defendants from interfering with the plaintiffs' possession and from processing lease documents pending final determination.
read moreDENNIS ADJEI, J.A. This is an interlocutory appeal against the ruling of the High Court Sekondi. The ruling was delivered on 21st January, 2011. In the ruling, the trial High Court granted an interim injunction to restrain the Defendants, their agents and privies from interfering with the Plaintiffs possession on their farmlands which is the subject matter in dispute and especially for a further Order restraining the 4th Defendant from processing any lease document made between the 1st Defendant, the 2nd and 3rd Defendants until the Order is varied by the court upon good and reasonable grounds. The 1st Defendant/Appellant filed Notice of Appeal against the ruling by the trial High Court on 25th January, 2011. The five (5) grounds of appeal filed by the 1st Defendant/Appellant are as follows: i. The Plaintiffs have not identified the land(s) in respect of which they sue. ii. The identities of the Plaintiffs are not known iii. Lawyers for the Plaintiffs have failed to comp...