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The Supreme Court in the case of Republic v High Court Ex Parte Emmanuel Opare & Ors. (Abusuapanyin Godfred Sandys Odoi & Others Interested Parties) Suit No. J5/46/2025 has affirmed the decision of the High Court, Koforidua by dismissing an application invoking the supervisory jurisdiction of the Court to quash the decision of the High Court granting title to the Obosomase Anafo (Kyenku Asona) family for 16, 024.675 Acres of Obosomase lands with portions of the said lands lying in the Greater Accra Region.
The Supreme Court, Presided by the Acting Chief Justice, His Lordship Justice Paul Baffoe Bonnie upon listening to the arguments of the Applicant through their Lawyer , the Learned Mawuena Agbenoto on the 29th day of April, 2025 dismissed the application thereby, upholding the arguments of the learned Prince Kwadwo Asare of PK Asare & Partners Counsel for the Interested Parties, which parties were representing three gates/branches of the Obosomase Anafo (Kyenku Asona) family.
Case of Applicants
The Applicants, led by one Emmanuel Opare of the Odoi Kese Family alleged breaches to the Natural Justice rights of the family in the High Court decision delivered by His Lordship Justice Akrofa Addae of the Koforidua High Court. The Applicants complained of the failure of the Court below to join them as parties to the suit at the High Court and breaches to rules of appearance and grant of leave for the issuance of a writ of possession.
Though the Supreme Court in it's wisdom dismissed the application of the Applicants seeking to quash the decision of Justice Akrofa Addae granting allodial ownership of the acreage of land in the Obosomase Anafo (Kyenku Asona) family, the Supreme Court struck out execution processes filed and granted by the High Court. The Supreme Court struck out the said leave for failure of the Interested Parties to show proof of notice to the Applicant of the decision decision of the High Court granting title to the acreage of land to the Kyenku Asona Family upon the grant of leave to issue writ of possession.
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