BLUE SKIES GHANA LTD v. JONATHAN ODOI & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Sowah, J.A.
- Kwofie, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of title to land and an injunction against the defendants. The trial High Court granted an interlocutory injunction subject to damages. Dissatisfied, the defendants appealed, arguing the trial judge's misappreciation of evidence. The Court of Appeal upheld the trial judge's decision, noting that the plaintiff's case was not frivolous, and the balance of convenience favored her. The appeal was dismissed, affirming the trial judge's discretionary powers.
SOWAH, J.A:
In this judgment the parties will be referred to by their designations at the trial court.
Upon an application brought by the plaintiff/respondent herein, the trial High Court in a Ruling delivered on 25th June 2014 made an interlocutory injunction order against the defendants who are the appellants herein. The Order which related to the parcel of land in dispute was made subject to an undertaking by the plaintiff to pay damages to the defendants should it turn out at the final determination of the suit that she was not entitled to the Order.
The brief facts of the case is that the plaintiff sued for declaration of title to a parcel of land approximately 15.03 acres situate at NSUMIA near Nsawam said to have been granted to the company in 2004 by the Oprotee Odum family of Kwateman Adjen Kotoku and duly registered. The plaintiff stated that she had constructed a fence wall and an uncompleted structure and had enjoyed peaceful possession until 2013 when it decided to commence constructing a proposed factory on the land. Members of the defendants’ family and their agents had chased her workers away. Hence plaintiff took out the writ of summons for declaration of title, perpetual injunction and damages for trespass, among other reliefs. In her application for interim injunction which was brought under Order 19 rule 3 and Order 25 rule 1 of C.I. 47, the plaintiff exhibited her indenture registered in 2005 and a site plan of the land.
On their part the defendants filed an affidavit in opposition in which it was averred that the land was covered by a Deed of Declaration dated 12th March 2004 which was made by their previous head of the Nii Sackey family of Akpadebu. They averred that they had caused a site plan to be prepared which showed that the plaintiff's registered land falls far outside the defendants family land but the fact on the ground was that the plaintiff is physically on the defendants land and had trespassed. In a statement of defence that was subsequently filed, the defendants counter-claimed for declaration of title to a parcel of land measuring 180.93 acres, recovery of possession, damages for trespass and perpetual injunction.
In his Ruling the trial judge considered the submissions in the respective statements of case filed by the parties, the applicable principles and case law and concluded that he was satisfied that a case had been made for a grant of interlocutory injunction. However in order to safeguard the interests of