NANA KOFI OWUSU V . KWAKU OWUSU ANSAH & ANOR

JUDGMENT

SOPHIA ADINYIRA (MRS.) J.S.C. 

On 14 June 2002, the Court of Appeal overturned the grant of an order of interim injunction by the High Court Kumasi. That judgment is the subject of the present appeal.

The appellant was the co-defendant at the High Court and the respondent was the plaintiff. On 20 October 2000, the plaintiff/respondent (hereinafter referred to as plaintiff) who claims to be the Odikro of Twedie and caretaker chief of all Twedie lands on behalf of Toasehene, sued the defendant a citizen and Assemblyman of Twedie, for declaration of title, damages for trespass, recovery of possession and perpetual injunction in respect of a piece and parcel of land earmarked for Durbar Grounds for the community by the Bosomtwe-Atwima Kwanwoma District Planning Authority. His complaint was that the defendant had sent a caterpillar to clear the land and had deposited sand on the land for development.

The defendant admitted entering upon the land, which he claimed was allocated to him…