2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a dispute over land ownership and development rights in Accra. The High Court issued an interlocutory injunction restraining the appellant from interfering with the respondent's land pending final determination. The appellant appealed, arguing the trial judge made errors in balancing hardship and allowing construction. The Appeal Court dismissed the appeal, citing that the trial judge correctly balanced hardships and kept the status quo, given the respondent's established rights and investments. Relevant precedents and statutes were considered.
MARIAMA OWUSU, J. A. : On 14th June, 2017, the High Court, General Jurisdiction, Accra restrained the defendant/respondent/appellant either by itself, assigns, privies, servants and workmen and all people claiming through it from entering, interfering and dealing in any manner whatsoever with applicant’s land pending the final determination of this suit.
Dissatisfied with the decision of the court, the defendant/respondent/appellant filed a notice of appeal against the ruling.
The grounds of appeal are: 1. That the trial Judge erred in holding that the balance of hardship would be greater against plaintiff/respondent; 2. That the trial Judge erred in holding that plaintiff/respondent continues with construction works on the land which is the subject matter of this suit; 3. Further grounds of appeal to be filed upon receiving record of trial court.
The relief sought from the court of appeal is a reversal of the ruling of the High Court (General Jurisdiction Division), Accra.
At this stage, let me put it on record that the defendant/respondent/appellant did not file additional ground(s) of appeal.
Also, in this appeal, the plaintiff/applicant/respondent would be referred to as respondent while the defendant/respondent/appellant would be referred to as appellant.
The facts leading to the instant appeal are that, the respondent issued a writ of summons against the appellant claiming the following reliefs: 1. Declaration that defendant Association vacate their business from plaintiff’s land; 2. A declaration that by the acts and or omissions of the defendant Association members they cannot continue to operate on plaintiff’s land as licensees; 3. Perpetual injunction on defendant’s members from interrupting plaintiff’s peaceful execution of their construction project.
4. Costs incidental to this suit.
In the 18-paragraph statement of claim which accompanied the plaintiff’s writ of summons, the latter averred that, it is a business entity registered under the laws of Ghana with its offices at Avenor, Accra popularly called Articulator Station.
The appellant is also an Association registered under the laws of Ghana with its office premises at Avenor, Accra.
The respondent averred further that for sometime now, appellant’s Association has been operating their shops in containers on a portion of respondent’s land.
It is the case of the respondent that cordial relations have existed between its members and the appellant’s members until sometime in 2016 wh