CRYSTAL CITY LIMITED v. PAUL AMOO GOTTFRIED and ANOTHER

KUSI – APPIAH, J.A.:

The issue in this appeal is a very narrow one of whether the High Court exercised its discretion properly in refusing the appellant’s application for interlocutory injunction to restrain “the 1st defendant, his agents servants and assigns from putting up structures on the land in dispute pending the final determination of the suit herein and further order or orders as this Honourable Court may deem fit.” The facts relevant to this case are that the plaintiff is a limited liability company registered under the laws of Ghana.

The 1st defendant, Mr. Paul Amoo-Gottfried, is a Quantity Surveyor who lives at CFC Estates, Dome, Accra while the 2nd defendant is a statutory body which registers interests in land.

The plaintiff avers that it acquired the land from Carl Josiah Reindorf (Executor/ Beneficiary of Emelia Patience Reindorf of Accra) by a lease dated 23rd of August 2005 stamped and registered as No. AC 8640/2005.

The plaintiff pleaded that by a conveyance dated 20th November, 1952 and registered as No. 2601/52 with Deeds Registry No. 774/1942 Nii Jacob Okine Quayefio and others of Onamroko-Adain Family in Accra granted a piece of land at Mile 7½ on the Accra- Nsawam Road to Dr. Charles Elias Reindorf absolutely and forever.

By a lease dated 22nd October, 1955 registered as No.2421/ 1955, Dr. Charles Elias Reindorf demised the disputed land to Construction and Furniture Company now CFC Construction Limited for 99years.

On 8th February 1967 the said Dr. Charles Elias Reindorf executed his last will and appointed the Administrator- General to be the Trustee and Executor thereof.

In clause 8 (iii) of his Will, he devised his land situate at mile 7½ Accra- Nsawam Road leased to CFC Construction Ltd to his nephew D. Hackie Reindorf and his daughter Emelia Patience Reindorf in equal shares.

On 4/10/91 the Executor by a Vesting Assent vested the property to Emelia and Reindorf and others who had prior interest therein.

In 1992 however the successor in title of Dr. Charles Elias Reindorf sued CFC Construction Limited, the 1st Defendant’s grantors for recovery of possession for non-payment of rent and had judgment delivered on 22nd July 1977 against the 1st Defendant’s grantors.

Subsequently in 1977 the successor in title of Dr. Charles Elias Reindorf, having recovered possession of the disputed land leased it to the plaintiff appellant herein as stated above.

According to the plaintiff, the land the subject matter of this suit is th