The Tema High Court has dismissed an application by three litigants of Hwakpo led by the head of the Puplampu family, seeking a review of an interlocutory injunction against them.
Her Lordship Rita Agyeman-Budu on Thursday 7 April ruled that the court did not find any solid ground to grant the plaintiffs’ request particularly so because their arguments were not meritorious.
The court, consequently, awarded a cost of GHc1, 000 against the plaintiffs who were Dr David Buernor Puplampu, Solomon Tetteh Nartey and David Normotey Nartey who was the only person present at the time of the ruling. The two other plaintiffs and their lawyer were all absent in court.
The Tema High Court, in June last year, granted an interlocutory injunction against the head of the Puplampu family, Dr David Buernor Puplampu, and two others viz. Solomon Tetteh Nartey and David Normotey Nartey, restraining them, their agents, assigns, heirs, successors and workmen from undertaking construction work or alienating any position of the disputed Hwakpo land until such final determination by the court.
The court granted the injunction upon an affidavit filed by the head of the Ackwerh family on 27th August 2021.
The injunction granted was expected to halt the misappropriation of Hwakpo lands by persons from the Puplampu family including the area’s self-styled chief.
The Ackwerhs have sought to claim their land bequeathed to them by their great grandmother who was given the Hwakpo land as compensation for going into servitude.
As tradition considers her and her children as outcasts, the Ackwerhs have owned the Hwakpo land until recently when the Puplampus began to lay claims of Hwakpo, leading to a scuffle over farmland which ended up at the High Court.
However, the Puplampus, even before the determination of the court, had installed an ungazetted chief and misappropriated lands and properties.
The High Court, upon the affidavit filed by the head of the Ackwerhs, Nene George Akorsey Ackwerh, had restrained the defendants in the ongoing case from ‘undertaking construction work or alienating any position of the disputed land’.
Sometime last year, the Ackwerhs, with their proof of ownership of the Hwakpo land, won a boundary dispute against the chief of Addokope and elders. The Puplampus, who are also claiming ownership of Hwakpo, lost the case in court.
The Tema High Court entered judgement in favour of George A. Ackwerh, the head of the Akwerh family of Hwakpo, seeking an order to possess a vast plot of land bordering the four cardinals at Hawk.
Through his counsel, Sarah Coleman (Ms) for Modesto Kpodovia Esq., the plaintiff caused the suit—E1/143/2014—to be filed on July 25, 2014, and on May 28, 2021, the court, presided over by Her Ladyship Mrs. Elizabeth Ankumah J., gave its judgement, giving the reliefs the plaintiff sought.
The reliefs were “Declaration that all the piece or parcel of land situated lying and being at Hwakpo Ada in the Dangme East District, in the Greater Accra Region, and bounded on the North by land measuring a total distance of 6,045.7 feet more or less on the East by land measuring a total distance of 7,252.8 feet more or less on the South by land measuring a total distance of 8,164.1 feet more or less on the West by land measuring a total distance of 2,895.2 feet more or less and containing an approximate area of 891.446 acres or 360.768 hectares more or less which piece of land is more particularly delineated on the plan attached hereto and thereon shown edged pink, which shows the relevant measurements is the property of the Akwerh family of Hawk.
“Recover of possession of a plot of land situated and lying at Hwakpo Ada, a perpetual injunction restraining the defendants and any other persons from entering or interfering with the said property, an order ejecting the defendants from the property immediately and cost.”
The defendants were Nene Jonathan T.A Addo III, chief of Addokope, Nene Addie, Samuel Asamannuyuah, Julitseh Buer Klofia, Oblitey Asamanuyah (deceased) and Madam Afimah.
The rest were Nyamidiueh Addi (sub. Benjamin Senior Adi), Tetteh-Kpoh Adi, Madam Aguayo Buertey, George Asamanuyuah, Buertey Asamanuyuah (deceased) and Foreman Addi all from Addokope.
The court, in paragraph 17, where the judgement begins, partly said: “However, no evidence was led to establish the fact that the defendants disposed the plaintiff family from the disputed land and they possessed it for over 12 years. The 1st, 3rd, 4th, 7th, 8th and 10th defendants’ counterclaim fail.”
Given that, the court granted all four reliefs the plaintiff sought for and awarded a cost of GHȻ25,000 against Nene Jonathan T.A Addo III, Samuel Asamannuyuah, Julitseh Buer Klofia, Nyamidiueh Addi (sub. Benjamin Senior Adi), Tetteh-Kpoh Adi and George Asamanuyuah-1st, 3rd, 4th, 7th, 8th and 10th defendants respectively-jointly and severally.
The 18-page judiciary document was certified by the Registrar of the Land Division of the Tema High Court.
