The Court of Appeal, composed of Justices Gifty Adjei Addo, Senyo Dzamefe, and Christopher Archer, upheld the High Court’s decision, declaring one Adolph Tetteh Adjei as the rightful owner of the land.
According to the report, the judgment, delivered on July 4, 2024, by a 2:1 majority, marks Anas’s second defeat in this prolonged legal battle.
The legal tussle is reported to have begun in 2017 when Adolph Adjei initiated a land action against Anas, claiming rightful ownership of the 2-acre property through the East Dadekotopon Development Trust (EDDT).
Anas, in his defense, asserted that his grantors were a family known as Ataa Tawiah Tsinaiatse.
The case has seen multiple twists and turns, including an initial dismissal of the suit by Justice Anokye Gyimah on grounds of estoppel, which the Court of Appeal later reversed.
Anas’s attempts to overturn this reversal at the Supreme Court were unsuccessful, with the Supreme Court dismissing both his application and a subsequent review application.
During the proceedings at the High Court, Justice Amo Yartey initially dismissed an injunction application by Adjei but was later overturned by the Court of Appeal, leading to an injunction on Anas from developing the property.
Another dismissal of the suit on estoppel grounds by Justice Yartey was quashed by the Supreme Court, which ordered the case to proceed under a different High Court judge.
The case continued under Justice Kwame Gyamfi Osei at Land Court 10, who ruled in favour of Adjei on May 4, 2023.
Justice Osei found that Anas had trespassed on the land and awarded GH¢60,000 in costs against him.
Anas was also restrained from any further acts of possession or development of the property.
The recent Court of Appeal decision upholds Justice Osei’s ruling, imposing a cost of GH¢30,000 on Anas.
This judgment nullifies any claim Anas had on the land and lifts a stay of execution concerning a developed portion of the property.
