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Sat, 24 Jul 2010 General News

Supreme Court Upholds Decision On Ogbojo Lands

By Timothy Gobah - Daily Graphic
€¢ Nii Torgbor Obodai II -  Ogbojo Mantse• Nii Torgbor Obodai II - Ogbojo Mantse

The Supreme Court has by a unanimous decision, dismissed the application for a review of its earlier decision on the Ogbojo land case, thereby bringing the 20-year-old land dispute to a close.

The court, presided over by Mr Justice W.A. Atuguba, had earlier in April declared the Anahor and Dzirase families of Ogbojo the allodial title holders to the lands at Obgojo in Accra, setting aside an earlier judgement of the Court of Appeal on the issue.

Other members of the court were Ms Justice S.A.B. Akuffo, Mr Justice J. Ansah, Mrs Justice S.O.A. Adinyira, Ms Justice R. C. Owusu, Mr Justice J.V.M. Dotse and Mr Justice P. Baffoe-Bonnie.

The court also restored the judgement of the trial High Court which had dismissed an action by the La Mantse, Nii Kpobi Tettey Tsuru III, that sought to claim the lands of Ogbojo.

He had also prayed the court for an order of perpetual injunction to restrain Nii Torgbor Obodai II, the Ogbojo Mantse, from disposing of Ogbojo lands or any part there of without his (La Mantse’s) approval and consent.

Joined in the suit were Topp Construction Company, its Managing Director, Mr Evans Teye, and the Evans Teye Estate Development Company Limited.

But the applicant, Nii Tettey Tsuru, filed a civil motion for a review of the earlier judgement. In its ruling, the Supreme Court was of the view that there was no need to call upon the other side, adding that the court had not been “clothed by the applicant with exceptional circumstances, as known to our review jurisdiction, to warrant further consideration of this application”.

Consequently, it dismissed the case and awarded costs of GH¢1,000 to each respondent.

Meanwhile, counsel for the respondent, Nene Amegatcher and Peter Okudzeto, have warned those who, in the course of the litigation, acquired land from the La Mantse, his agents, assigns, privies and the so-called five-member committee to, in their own interest, contact the Ogbojo Mantse, Nii Obodai, and his elders for regularisation and further directives within 21 days.

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