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RULING
The motion for interlocutory injunction has been filed on 16-01-2019, with a supporting affidavit and annexures.
A statement of case has also been filed on 28-05-2020, Applicant filed a supplementary affidavit in support with annexures.
EXHIBIT ‘EM1’ is an indenture of lease made on 09-09-1996, between, NII ANTHONY AME II, Weija-Mantse (and principal elders) and on the other part ARYEE MARTINS of Accra.
The subject matter land is shown in a site-plan annexed to the document.
The Deed of lease, which is a conveyance of leasehold interest has been duly stamped.
On the face of the record it was stamped on 03-09-1997. There is another Deed of conveyance dated 24-05-2014, by the Weija Stool differently represented in Plaintiff’s favour.
EXHIBIT ‘EM3’ series are photographs of constructional activities on the land, or as alleged by Applicant.
The photograph marked EXHIBIT ‘1’ annexed to the supplementary affidavit in support, is a photograph, proffered as representing acts of interference by Respondent.
The Applicants case is that he has an interest that must be protected.
On the other hand Respondent’s affidavit in opposition, has not be sworn before a commissioner of oath, I hold that it has not conformed to the rules, and therefore inadmissible.
The averments made in the defence and Counter-claim, is to the effect that Defendant’s land is different from land described by Plaintiff/Applicant on the writ.
And that he got his title from the right source and does not even know where Applicant resides, currently.
He gave his source of title as the Weija Dzasetse, acting as Mantse, he described his land in the counter-claim.
The averments to the effect that there is currently interference with Applicants land, coming from Respondent stands uncontested, because there is no affidavit in opposition.
I have found that the second grant made in Applicants favour in 2014, is the process that has not been stamped.
The above notwithstanding if the grant of same land in 1996 by Weija stool is the land being granted in 2014 again by a different acting Mantse, then an important legal issue has arisen for determination, along with other triable issues in the Direction that has been filed.
An application for an order of interlocutory injunction is an application that is permitted by Order 25 Rule 1 of C. I. 47/04. A successful Applicant must establish the following: i. That he has an interest, (legal or equitable) in the subject matter of the litigation, that has