The Court of Appeal has upheld the High Court’s decision declaring Adolph Tetteh Adjei as the rightful owner of a 2-acre parcel of land located in the prime Tse Addo enclave.
The appellate court’s decision, delivered by a 2:1 majority with Justice Senyo Dzamefe dissenting, marks the second defeat for investigative journalist Anas Aremeyaw Anas in this protracted legal battle.
The case, officially titled Adolph Tetteh Adjei v Anas Aremeyaw Anas & Holy Quaye (Suit No. LD/0256/2017), was initiated by Adolph Adjei in 2017. Adjei’s claim was based on his assertion that the land was rightfully acquired from grantors connected to the East Dadekotopon Development Trust (EDDT).
Anas contested this claim, asserting that his grantors were from the Ataa Tawiah Tsinaiatse family.
The legal journey of this case has been tumultuous. Initially, the High Court, presided over by Justice Anokye Gyimah, dismissed Adjei’s suit on grounds of estoppel following an application by Anas.
This decision was subsequently overturned by the Court of Appeal. Anas then sought relief from the Supreme Court, which dismissed his certiorari application and a subsequent review request.
The High Court proceedings saw further complications when Adjei applied for an injunction to prevent Anas from developing the land, which had been in Adjei’s possession. Although Justice Amo Yartey initially dismissed the injunction, the Court of Appeal reversed this decision, effectively barring Anas from any development activities on the disputed land.
Despite these setbacks, Anas secured another ruling from Justice Amo Yartey to dismiss the suit on estoppel grounds, prompting the East Dadekotopon Trust to seek intervention from the Supreme Court. The Supreme Court quashed Justice Amo Yartey’s ruling, returning the case to the High Court for further proceedings under a new judge, Justice Kwame Gyamfi Osei.
Justice Gyamfi Osei’s judgment on May 4, 2023, favored Adjei, affirming his ownership of the land and declaring Anas a trespasser.
The court imposed a cost of 60,000 cedis on Anas and issued an injunction against any further possession or development activities by him.
A subsequent application for a stay of execution was granted in part, allowing Anas to maintain a building on a portion of the land pending the Court of Appeal’s final decision.
The said vexed land can be viewed aerially and by its side in the pictures below: