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ERIC TETTEH KWEI v. AMARKAI AMARTEIFIO

2021

COURT OF APPEAL

GHANA

CORAM

  • CECILIA H. SOWAH, JA (PRESIDING)
  • ANTHONY OPPONG, JA
  • ANGELINA MENSAH HOMIAH, JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This interlocutory appeal arises from a land dispute in which Amarkai Amarteifio, the defendant/appellant, challenged the High Court’s refusal to grant his own interim injunction. The plaintiff/respondent, representing the Nii Amartey Kotie family of Teshie, claims long occupation since a 1913 acquisition from the Oyoko family of Gyankama and seeks to set aside a Circuit Court, Akropong judgment obtained by Amarteifio against different defendants. The High Court had previously granted the respondent an interlocutory injunction on terms permitting Amarteifio to continue living in a completed building on the disputed 6.39‑acre portion. When Amarteifio sought a counter‑injunction, the trial judge viewed his motion as a rehash of earlier opposition materials and found no evidentiary basis for alleged changed circumstances such as land guards. Applying Supreme Court guidance on the standard for interlocutory injunctions and recognizing the trial court’s discretion, the Court of Appeal held there was no arbitrariness or caprice and dismissed the appeal.

JUDGMENT