The Court of Appeal constituted by Gifty Adjei Addo J.A, Senyo Dzamefe J.A and Christopher Archer J.A have upheld the decision of the High Court declaring one Adolph Tetteh Adjei as the rightful owner of a 2-acre parcel of land situate at the prime Tse Addo enclave.
The judgement of the Court of Appeal delivered the morning of today, 4th day of July, 2024 by a 2:1 majority with Dzamefe J.A dissenting, after four consecutive adjournments for delivery of judgment, will number as a second defeat to the attempts of Anas Aremeyaw Anas to refuse the claims of the plaintiff and now judgment creditor in the case intituled Adolph Tetteh Adjei v Anas Aremeyaw Anas & Holy Quaye Suit No. LD/0256/2017.
History of Case
The Plaintiff, Adolph Adjei commenced the land action against the investigative journalist, Anas Aremeyaw Anas in 2017. The gravamen of the case of the Plaintiff was that the said 2-acre parcel of land was rightfully acquired from his grantors who traced their interests to the East Dadekotopon Development Trust (EDDT). Anas through his statement
nt of defence, a copy of which can be read below together with the writ of Adolph Tetteh Adjei refuted the claims of the Plaintiff, now judgment creditor.
Anas through his defence laid claim to the 2-acre Tse Addo land averring a family by the name Ataa Tawiah Tsinaiatse as his grantors. Justice Anokye Gyimah during the life of the case at its High Court stage granted an application brought by Anas to dismiss the suit on grounds of estoppel. The said order by the Court was reversed by the Court of Appeal. Anas through his lawyers applied to the Supreme Court for the quashing of the Court of Appeal decision reversing the dismissal of the suit. The Supreme Court dismissed the certiorari application and followed up on their dismissal when Anas applied for the review of their decision in the dismissed certiorari application.
The Plaintiff at the High Court and now the judgment creditor applied to the High Court, Land Division 7 Presided by the learned Amo Yartey J. for an injunction directed at Anas who had entered possession of the land in question which hitherto was in the possession of Mr. Tetteh. Yartey J. dismissed the injunction application but same was reversed at the Court of Appeal. This effectively occasioned an injunction on Anas from the development of the 2-acre property.
Amo Yartey again upon an application filed by Anas granted the prayers per an application for the dismissal of the suit on grounds of estoppel. Dissatisfied by this ruling, the East Dadekotopon Trust visited the Supreme Court for a quashing order directed at the ruling of Amo Yartey J. The Supreme Court in its supervisory jurisdiction quashed the ruling of Amo Yartey J. and ordered for the return of the matter to the High Court differently constituted for a normal course of proceedings.
Normal life of case
The case enjoyed its normal life now at the Land Court 10 Presided by the learned Justice Kwame Gyamfi Osei. The court delivered judgement on the 4th day of May, 2023 upholding the claims of the Plaintiff, Mr. Tetteh that Anas is not the owner of the land in question and that Anas by virtue of entry unto the land and development of same had trespassed unto the land. The court thus awarded cost of 60,000 cedis against Anas and restrained him from any acts of possession or development of the land. The judgement of the Court can be read below
Demolishing
The High Court after its judgment granted an application for stay of execution of the judgement of the Court for a part of the land that had a building erected by Anas. The court refuse the stay application covering the whole land eliminating the portion of the development by Anas from execution pending the final determination of the Court of Appeal in the matter.
Following today's decision by the Court Appeal, the stay covering the said portion developed by Anas lapses. The said vexed land can be viewed aerially and by its side in the pictures below:
Source: Thelawplatform