CHRISTIAN SHANCO BRUCE & ORS VS GOSPEL LIGHT INTERNATIONAL CHURCH

This case involves a dispute over land ownership between the descendants of Edward John Bruce (applicants) and a church (respondent). The applicants claim customary law interest based on inheritance and a 1953 Deed of Gift, while the respondent claims ownership through a 2006 land title certificate and deed of conveyance. The applicants sought an interlocutory injunction to prevent the respondent from continuing construction on the disputed land. The court considered the rival claims and evidence presented by both parties. It acknowledged that the applicants had established a registered interest through the Deed of Gift, while the respondent had a seemingly indefeasible title based on the Land Title Registry Law. However, the court recognized that the full facts of the case, including the source of title and the identity of the disputed land, could not be settled by affidavit evidence alone. In granting the interlocutory injunction, the court applied the principles outlined in Order 25 of C.I. 47/04. It found that the applicants had demonstrated a potentially enforceable interest in the land and that allowing the respondent to continue construction could render the applicants' claim nugatory if they were to win after a full trial. The court balanced the interests of both parties by granting a limited injunction for 90 days or until the Application for Direction stage. This decision aimed to maintain the status quo while recognizing that even a registered land title could potentially be defeated when all facts are fully established. In conclusion, the court granted the interlocutory injunction, restraining the respondent from further construction work on the land but not from entering it. No costs were awarded. This ruling emphasizes the complexity of land disputes involving customary law interests and registered titles, and the court's role in balancing these competing claims through interim measures.