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2nd September, 2009
Interim Injunction Put On ‘Obibir’ Lands At Saltpond
A Cape Coast circuit court in the Central Region has placed an interim injunction on the development of “Obibir” lands situated on the outskirts of Saltpond pending the final determination of a case over the lands.
The order for the interim injunction was issued following an application filed for injunction plaintiffs in a suit over the ownership of the family land.
The court, presided over by Justice R.A. Badu, in granting the application for the injunction on July 16, noted that it was appropriate for both parties to be restrained from allocating portions of the land for development until the final determination of the matter.
In the substantive case, the plaintiffs, Nana Afena Dantsi, Obaatan of Nkusukum Nifa Division, Madam Araba Amenyimah and Madam Mbroba, all principal members of Entsi-Kwesi Adwenadzi Family of Nankesido in Saltpond are suing Ebusuapanyin Kofi Asokomfo and Joseph Emmanuel Tetteh, both members of Entsi-Kwesi Adwenadzi Family, over their rights to the family land.
In the application for the injunction, the plaintiffs noted that although the case was pending, the defendants were allocating portions of the land to other members of the family and other individuals for development.
The plaintiffs, who are also challenging the capacity of the defendants as those with authority over the family property, argued that the continuous sale and allocation of land by the defendants could have adverse effects on the case if not checked.
“With these questions about the capacity of the defendants yet unresolved, it will be against equity, justice and good conscience to allow the defendants , acting under the guise of that challenged capacity to alienate family property and also purport to be superintending over family affairs of Entsi-Kwesi Adwenadzi Family,” the application said.
Granting the application, the court ordered that “the defendants, their agents, servants, workmen and assigns and anybody claiming through them, be hereby restrained from making grants and alienating or developing any part of Obibir lands situated on the outskirts of Saltpond until the final determination of the case”.
The order for the interim injunction was issued following an application filed for injunction plaintiffs in a suit over the ownership of the family land.
The court, presided over by Justice R.A. Badu, in granting the application for the injunction on July 16, noted that it was appropriate for both parties to be restrained from allocating portions of the land for development until the final determination of the matter.
In the substantive case, the plaintiffs, Nana Afena Dantsi, Obaatan of Nkusukum Nifa Division, Madam Araba Amenyimah and Madam Mbroba, all principal members of Entsi-Kwesi Adwenadzi Family of Nankesido in Saltpond are suing Ebusuapanyin Kofi Asokomfo and Joseph Emmanuel Tetteh, both members of Entsi-Kwesi Adwenadzi Family, over their rights to the family land.
In the application for the injunction, the plaintiffs noted that although the case was pending, the defendants were allocating portions of the land to other members of the family and other individuals for development.
The plaintiffs, who are also challenging the capacity of the defendants as those with authority over the family property, argued that the continuous sale and allocation of land by the defendants could have adverse effects on the case if not checked.
“With these questions about the capacity of the defendants yet unresolved, it will be against equity, justice and good conscience to allow the defendants , acting under the guise of that challenged capacity to alienate family property and also purport to be superintending over family affairs of Entsi-Kwesi Adwenadzi Family,” the application said.
Granting the application, the court ordered that “the defendants, their agents, servants, workmen and assigns and anybody claiming through them, be hereby restrained from making grants and alienating or developing any part of Obibir lands situated on the outskirts of Saltpond until the final determination of the case”.
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