NENE NARH ADRAH AND PETER ASHITEY CHARTEY vs. EMMANUEL A. TEKPETE, ELVIS NARTEY, ASASE STEPHEN AND KWASI ASRA [2019]DLHC9131

NENE NARH ADRAH AND PETER ASHITEY CHARTEY vs. EMMANUEL A. TEKPETE, ELVIS NARTE... [2019]DLHC9131

Date	2019-01-24
Suit No.	SUIT NO. FAL/580/15
Citation No.	[2019]DLHC9131

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

VINCENT GARR FOR PLAINTIFFS/APPLICANTS

ALIDU MOHAMMED FOR DEFENDANTS/RESPONDENTS

[2019]DLHC9131
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													<main id="main" class="content" style="min-height: 60rem" >NENE NARH ADRAH (DECEASED) AND PETER ASHITEY CHARTEY<o:p></o:p>(PLAINTIFFS/APPLICANTS)<o:p></o:p>vs.<o:p></o:p>EMMANUEL A. TEKPETE, ELVIS
NARTEY, ASASE STEPHEN AND KWASI ASRA<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. FAL/580/15&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
24TH JANUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>VINCENT GARR FOR
PLAINTIFFS/APPLICANTS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ALIDU
MOHAMMED FOR DEFENDANTS/RESPONDENTS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HER
LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>Before me is an application for an
order of&nbsp; Interlocutory Injunction filed
by the Plaintiffs/Applicants herein to restrain the Defendants/Respondents and
their agents from dealing in any manner with the land, subject matter of this
dispute until the Court&nbsp; determines its
rightful owner.<o:p></o:p><o:p>&nbsp;</o:p>In the accompanying Affidavit in
Support, the Plaintiffs/Applicants averred that the land in dispute was
acquired by their great grandfather, Chartey, by discovery and settlement. They
further asserted that their family has exercised possessory rights over the
said land and leased sections thereof to individual farmers for farming
purposes. The Plaintiffs attached a copy of an Agreement between their family
and APAK Company limited as proof of the assertion that their family owned the
land in dispute.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiffs further alleged that the
Defendants trespassed on portions of the land by selling same to some
developers who have either erected boundary pillars or commenced building on
the land, against the warnings of the Plaintiffs’ family. They therefore
brought the instant application for an injunction to restrain the Defendants
from interfering with the land in dispute pending determination of the rightful
owner.<o:p></o:p><o:p>&nbsp;</o:p>The Defendants/Respondents, on their
part, filed an Affidavit in Opposition in which they raised a preliminary legal
objection to the instant suit on the grounds that Plaintiffs had no capacity to
institute the instant action. The said preliminary objection having been dealt
with, I now turn to the merits of the instant application.<o:p></o:p><o:p>&nbsp;</o:p>The Defendants Respondents claim that
Exhibit “A1” by which the Plaintiffs sought to prove their family’s title to
the land in dispute, did not confer title on the Plaintiffs’ family and further
that Exhibit “B” did not provide any evidence either of the fact that the Defendants/Respondents
were the ones who were developing the property or that the structure therein
was located on the land in dispute.<o:p></o:p><o:p>&nbsp;</o:p>According to the Defendants/Respondents,
the land in dispute formed part of a larger parcel of land that belonged to the
Terkpernor Agleleze Family. It was founded by their late Great Grandfather,
Tekpenor Avodziga through conquest.&nbsp;&nbsp;
They further claimed that, sometime in 1970, the Paramount Chief of the
area, Nene Chartey Awah, settled some people on their family land without
consulting them. They claimed that the then family head, Nene Tekpernor Agbleze
instituted an action against those who were settled on the land by Nene Chartey
Awah in the High Court and obtained judgment against them as far back as 4th
July 1974. They attached Exhibit “3”, an Entry of Judgment as evidence of this
judgment although the actual judgment was not attached. They further attached a
site plan of the land owned by their family as Exhibit “4”.<o:p></o:p></spa</main>