A. S. DOMDANQ & ANOR VS JOSEPH ACHIAMPONG
2024
COURT OF APPEAL
GHANA
CORAM
- ANTHONY OPPONG JA (PRESIDING)
- NOVISI ARYENE JA
- GIFTY AGYEI ADDO JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Gifty Agyei Addo JA, writing for a three-judge panel of the Court of Appeal, allowed the Plaintiffs interlocutory appeal from the High Court, Tema, which had refused to restrain the Defendant from activities on disputed land at Batsonaa in the LEKMA District. The 1st Plaintiff acquired the land in 2015 through the 2nd Plaintiff from the Jonathan Boyefio family of Nungua, supported by a lease from the Nungua Traditional Council. A search revealed plotted transactions in favour of CST Enterprise linked to Teshie, while the Defendant claimed a 2004 lease, registration and long possession, and had barricaded and commenced construction with police assistance. Applying Order 25 and authorities such as American Cyanamid, the Court held that the Plaintiffs showed an interest, serious issues (including fraud, laches, acquiescence, limitation) and that the balance of hardship favoured them. It found the trial judge misapplied discretion by overrelying on the presumption of regularity of the Defendants title, set aside the ruling, granted an interlocutory injunction, and awarded costs to the Plaintiffs.
GIFTY AGYEI ADDO JA
INTRODUCTION
My Lords, per the notice of interlocutory appeal filed on 20th November 2023, the Plaintiffs/Appellants appeal the ruling of the trial High Court, Tema, dated 14th of November 2023, by which their application for an order for interlocutory injunction to restrain the Defendant/Respondent, his agents, assigns, privies, workmen and all persons claiming through him from “entering, developing, disposing off operating on, trespassing” on portions of their land situate and lying at Batsonaa in the Lekma District of the Greater Accra Region, was dismissed.
For ease of reference, we shall maintain the designation of the parties as in the court below, that is, the Plaintiffs and Defendant.
BACKGROUND
THE CASE OF THE PLAINTIFF
Per the amended statement of claim against the Defendant filed on 8th of November 2023, it is the case of the 1st Plaintiff that in 2015, through the instrumentality of the 2nd Plaintiff, it acquired some land from the Jonathan Boyefio family of Nungua, the bona fide owners of the said land, which family is the subject of the Nungua Stool.
According to the 1st Plaintiff, its grantors have been in quiet and undisturbed possession of the said land for many years, which possession is evidenced by the fact that the family has permitted many persons to put kiosks on the land without any interference from third parties, for years.
The 1st Plaintiff continues that subsequent to the payment of agreed consideration, the 2nd Plaintiff, as is customary to the people of Nungua or the Nungua Stool, caused a leasehold interest to be executed in its favour by the Nungua Traditional Council.
The 1st Plaintiff states further that intending to get its leasehold interest registered, it got same stamped at the Lands Commission and subsequently conducted a search at the Lands Commission, which search revealed that some portion of the land it had purchased was affected by plotted transactions in favour of one CSD Enterprise which allegedly traced its interest to one Nii Tsuru Nmashie II of Teshie.
Also per the Plaintiffs, in September 2023, they were informed that some unknown persons had come on the subject land claiming same and were removing structures they had put on the land. According to the Plaintiffs, all efforts to ward off the said trespassers, who were acting on the authority of the Defendant, have proved futile. That the Defendant, presently, is preventing them from accessing their bona fide property having barr