As Court Affirms General Quainoo Ownership Of Nmai Dzorn Farm Land
The battle over who has beneficial ownership of 43.14 acres of land at Nmai Dzorn near Ashaley Botwe between Nii Okpelor Sowah Din family of Nmai Dzorn & Teshie and General (RTD) Arnold Quainoo has taken a dramatic and interesting twist in court which suggests that the Nii Okpelor Sowah Din family’s claim of ownership of the land may not have any substance after all.
The public would recall that by a series of newspapers advertiser’s announcements, Public Notices and articles, the Nii okplelor Sowah Din family laid ownership claim to 43.14 acres of land at Nmai Dzor on the basis that by a judgement of the Supreme Court decision in Civil Appeal No. 24/2002 entitled IN RE ASHALLEY BOTWE LANDS;ADJETEY AGBOSU and Others v KOTEY reported on page 420 of the Supreme Court Ghana Law Reports their family was adjudged by the Supreme Court as owners of what was known as Ashaley Botwe lands including 43.14acres which was leased to General Arnold Quainoo and his Demeter Farms.
To back their claims, the Nii Okpelor Sowah Din family sued General Quainoo in the land Division of the High Court in Suit No.FAL104/12 entitle NII OKPELOR SOWAH ABLORH Suing for himself and on behalf of the Nii Okpelor Sowah Din family –Vrs – GENERAL (RTD) ARNOLD QUAINOO doing business under the name and style of Demeter Farms, Accra; claiming for;
a) A declaration of title to the 43.14 acres of land.
b) Recovery of Possession.
c) Perpetual Injunction.
As a follow up to the law suit, the Okpelor Sowah Din family filed an application for INTERLOCUTORY INJUNCTION on February 15, 2013 to restrain General Quainoo and his Demeter Farms from ‘ENTERING, INTERFERING AND /OR DISPOSING OF THE LAND’ unto the 43.14 acres.
But on June 3, 2013 His Lordship Justice George Atto Mills-Graves dismissed the application of the Nii Okpelor Sowah Din family after ruling that the Supreme Court decision does not affect the title of General Quainoo as follows;
“From the pleading and affidavit evidence so far filed before this court, I do not see any right of the Applicant in law or equity in this matter that needs to be protected or warrant the grant of an application for interim injunction in his favour and against the Defendant as being prayed for by the Plaintiff”.
I shall hereby refuse the plaintiff application and dismiss some as unmeritorious.
The indication from this ruling on the injunction that the Nii Okpelor Sowah Din family claim is doomed to fail as Gen. Quainoo is poised for even more victories.
Published below is the full text of the proceeding on Judgment given on Jun 3, 2013 at the High Court, Land Division, Accra in suit No FAL/104/2012 by His Lordship George Atta Mills-Graves