18 August 2017

Ghana: Tema Court Dismisses Injunction On Kudzragbe Clan Lands

The Tema Lands Court Division has dismissed an injunction application filed by three individuals on Kudzragbe Clan lands in the Ada Traditional Area.

Three plaintiffs, namely, Teye Mensah Apeyisi, Wornor Ocloo and Agah Dzadzagono, all members of Wornorwem of the Kudzragbe Clan, were in court to challenge the capacity of their elders - Nene Agidi Ahiaviatse lll, Nene Tsatsu Pediator lV and Nomo Daniel Fierty - who are the chiefs and Secretary respectively.

The applicants claim that the defendants have no capacity to hold in-trust lands belonging to the Kudzragbe Divisional Clan, and, in the same regard, cannot make allocations of same.

They, by their argument, prayed the Tema Lands Court Division for an interlocutory injunction on all their clan lands.

However, on July 26, 2017, the court, presided over by His Lordship Justice Alexander Osei Tutu, dismissed the applicants' prayer, explaining that each division in the Kudzragbe Clan has its distinctive land.

In that regard, the plaintiffs could not bring an action for the entire Kudzragbe Clan.

The court, consequently, awarded a fine of GH¢500 against the three applicants.

The Kudzragbe Clan, which is headed by Nene Tsatsu Pediator IV, and one of the defendants in the case, by the judgment, said the clan would now focus on properly allocating lands for developmental projects that would shape the Ada Traditional Area.

Institutions such as the ongoing Ada Technical Institute, the uncompleted Ada East District Assembly office complex, and the only hospital in the area, the Ada-East District Hospital, would have been affected negatively, should they have had need for additional land for expansion works if the court had granted the applicants' request.

"The much-talked about Nene Ada's Chief's palace will also not be left out, since the Kudzragbe Clan owns over 200,000 acres of land, which also covers the above-mentioned institutions, spanning from Big Ada through to Faith-Kopey and the entire island communities," Nene Tsatsu Pediator IV explained.

On that note, Nene Tsatsu Pediator IV asked the clan members to remain united, parrying any fears that some persons could halt any future development to be sited on their lands for the development of the Ada Traditional Area.

What, he said, the elders would continue to do, is ensure that due processes are followed before any project is sited on Kudzragbe Clan lands.

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