ADOLPH TETTEH ADJEI v. ANAS AREMEYAW ANAS & HOLY QUAYE
2019
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A
- KWOFIE,J.A
- OPPONG,J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Equity and Trusts
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal in the Ghana Court of Appeal arises from the High Court’s refusal to restrain ongoing construction on a disputed two-acre parcel at East La Dadekotopon. The Plaintiff had commenced suit in March 2017 for declaration of title, damages for trespass, recovery of possession, and a perpetual injunction, and supported his application with a registered sublease, Lands Commission searches, and prior appellate outcomes recognizing his grantors’ interests. The Defendants, who had not filed a defence, continued building. The High Court dismissed the injunction and invoked Order 25 rule 5 to order an early trial. On appeal, the Court of Appeal held the Plaintiff had demonstrated a right at law requiring protection, and that irreparable harm would result if development continued. It found the High Court’s reliance on rule 5 improper after a merits discussion and in the absence of pleadings, concluded the judge exercised discretion capriciously, set aside the order, granted the injunction, and restrained further development pending trial.
ADJEI, J.A:
This interlocutory appeal emanates from a ruling of the High Court Accra delivered on 15th May, 2019. The Plaintiff applied for an order of interlocutory injunction to restrain the Defendants from developing the parcel of land at East La Dadekotopon in the Greater Accra Region covering an area of two acres (0.81 hectare) described and endorsed on the Plaintiff's writ of summons as relief (a). The High Court after considering the legal principles used to determine the grant of injunction came to the conclusion that he would dismiss the application and hear the substantive matter expeditiously. He gave timelines for the Defendants to file their statement of defence and the Plaintiff to file an application for directions. It is as a result of the refusal by the High Court to grant the application for interlocutory injunction that the Plaintiff filed this interlocutory appeal.
The brief background to the matter which has culminated to this interlocutory appeal are that the Plaintiff filed a suit against the Defendants on 8th March, 2017 claiming for, inter alia:
“a. Declaration of title to all that piece or parcel of land in extent 2.00 acres (0.81 hectare) more or less and bounded on the North East by a land measuring 267.4 feet more or less and on the South East by proposed road measuring 296.9 feet, more or less on the North West by land measuring 298.3 feet more or less and situate at East La Dadekotopon in the Greater Accra Region of the Republic of Ghana.
b. Damages for trespass to Plaintiff’s land described above.
c. Recovery of possession of the Plaintiff’s land aforesaid.
d. Perpetual injunction against the Defendants, their servants, agents, assigns, workmen and all those claiming through them from entering on to the subject land and carrying out any construction works on same or interfering with the subject land in any manner whatsoever or disturbing the Plaintiff’s peaceful occupation and possession of same.”
The Plaintiff filed an application for interlocutory injunction on that same day; 8th March, 2017 and caused same to be served on the Defendants. The Plaintiff in his affidavit in support of the application for injunction gave the chronology of the case and supported same with exhibits. The Plaintiff exhibited copious documents to demonstrate his root of title, his title deeds, the numerous decisions rendered by the High Court and the Court of Appeal. The cumulative effect of the Plaintiff's submission is that the judgement