ABDULAI MOHAMMED vs EMMANUEL TETTEH a.k.a. PAPA

this Ruling is in respect of an application for interlocutory injunction filed on 18th August, 2022 by the Plaintiff/Applicant (hereafter referred to as the “Applicant”). Counsel for the Applicant moved the application in terms of the motion paper, the supporting affidavit as well as a supplementary affidavit filed on 22nd September, 2022.

The Applicant contends that he is the owner of the land in dispute described in paragraph 3A of his affidavit in support. In proof of his contention, the Applicant attached a Deed of Assignment (dated 8th November 2009 and registered under the Land Registry Act, 1962 (Act 122) as Deed No. 581/2012) to his affidavit in support (as Exhibit A).

It is the case of the Applicant that while preparing to commence construction of a house on the land, he detected that someone had encroached on the land. A Search conducted indicated that it was the Defendant who had started construction of some structure on the land as indicated in Exhibit D of the Applicant’s supplementary affidavit in support.

It is the Applicant’s prayer that the Court protects the status quo by restraining the Defendant and all persons working through him from dealing with the land until the final determination of the suit.

The Respondent filed an affidavit in opposition on 6th September 2022, stating essentially in paragraphs 7 to 12 that, the Applicant is not being truthful to the Court. However, in saying so and having laid adverse claim to the property, the Respondent failed to demonstrate any evidence of ownership in the nature of an Indenture, a Site Plan or even a Receipt. The Applicant therefore prays that the status quo be maintained until the final determination of the case.

On the contrary, the Respondent asseverates that the grantor of the Applicant was in a similar suit with the Respondent before the High Court, Land Division 3, Accra where the Respondent’s name was struck out from the said suit on the grounds that, there was no cause of action against the Respondent. Respondent attached Exhibit ET (copy of the record of proceedings) to his affidavit in opposition to confirm the averment.

It is the Respondent’s position that, the instant suit and the application before this Honorable Court are an abuse of the Court process as same are frivolous and vexatious; and therefore, prays that the instant application be dismissed.

The Court’s power to grant Interlocutory Injunctions is circumscribed and regulated by Order 25 of the High Court (Civil