ABUSUAPAYIN AYITTEY ANKWA & ANOR VRS DANIEL OSEI SAFO & ANOR

The present appeal before us, fundamentally seeks an answer to the question as to whether or not, the court below, given the pleadings, affidavit evidence, as well as documentary evidence placed before it, rightly exercised its discretion in granting the injunction application dated the 28th day of July 2023.

On the 16th of March, 2023, the Plaintiffs [Respondents to this appeal], took out a writ of summons in the court below for the following reliefs:

a. Declaration that title to all that piece or parcel of land situate, lying and being at West Sesemi- Accra, more of less bounded on the NorthEast by proposed road measuring 483.0 feet more or less, on the SouthEast by lessor’s land measuring 205.1 feet, 136.9 feet, 156.7 feet, 56.3 feet and 280.4 feet respectively more or less on the South-West by lessor’s land measuring 568.0 feet more or less, on the North-West by lessor’s land measuring 414.5 feet more or less and covering an approximate are of 6.665 acres or 2.69 hectares, belongs to the Plaintiffs.

b. An order for recovery of possession to the parcel of land.

c. An order for perpetual injunction restraining the 1st Defendant from constructing a commercial property on the disputed land.

d. An order for the 2nd Defendant to expunge all records of the 1st Defendant with its Koforidua office and replace same with the records of Plaintiff’s family.

e. Damages for trespass

f. Costs of litigation inclusive of Solicitor’s fees.

g. Any other relief[s] that this Honourable court may deem appropriate.

In the action in the court below, the Plaintiff’s sued two Defendants, the first being the Appellant herein and the second being the Lands Commission. Accompanying the Plaintiffs’ writ and statement of claim was an application for interlocutory injunction restraining the 1st Respondent from trespassing onto the Plaintiffs Applicants’ land. In an affidavit in support, the Plaintiffs Applicants repeats the relevant matters stated in their statement of claim to the effect that:

• They are head and lawful representative of the Aduana Abrade Royal family and Asafohene of Ankwa Dobro respectively

• That this family owns a large tract of land measuring about 14,000 acres which lies at Ankwa Dobro

• That the applicants family settled on this land in the 1800s and has since been in occupation of same and also has been making grants of portions of same, which grants have been registered by the 2nd Defendant [ exhibit A1]

• That