[2024]DLCA18031 • January 30, 2024 • Court of Appeal
EBUSUAPANYIN JOHN PEPE ABAIDOO vs. EBUSUAPANYIN EKOW AWOTWE & 3 ORS. AND ANNAN JACKSON
The case arises from an interpleader suit concerning a disputed piece of land known as Bomis. The Claimant, Annan Jackson, asserts ownership of the land as Ebusuapanyin of the Kona Royal family of Moree, claiming ancestral rights and historical possession. The Plaintiff/Judgment Creditor had previously obtained a judgment in a substantive suit against the 1st and 3rd Defendants/Judgment Debtors, which adjudged the land as belonging to the Plaintiff's family (Nana Amanyi Anona family of Moree Alata). The Plaintiff had obtained possession of the land following a Writ of Possession. The Claimant contends that the judgment was procured by fraud, as the Defendants in the substantive suit were deceased and the Claimant's family was not joined or notified. The Claimant denies the Plaintiff's ownership and asserts ancestral rights and statutory declarations supporting his claim. The Plaintiff denies the Claimant's assertions and contends the Claimant's claim is an attempt to frustrate lawful execution of the judgment.
read moreJUDGMENT This is an interpleader suit arising out of a claim by the Claimant, Annan Jackson, to piece of land adjudged to be the property of the Plaintiff/Judgment Creditor in the substantive suit against the 1st and 3rd Defendants/Judgment Debtors. The facts giving rise to this instant suit are that by an Amended Writ of Summons and Statement of Claim filed on 21st June, 2017 the Plaintiff/Judgement Creditor claimed against the Defendants in the original suit the following reliefs: a. An order directed against the 2nd Defendant to expunge from their records the statutory declarations of the 1st and 3rd Defendants plotted on their records. b. Damages for trespass against the 1st and 3rd Defendants. c. Recovery of possession of all lands covered by the statutory declaration of 1st and 3rd Defendants. d. Perpetual injunction restraining 1st and 3rd Defendants from having anything to do with Plaintiff’s landed properties. The claims of the Plaintiff/Judgment Creditor wer.....