HFC BANK GHANA LIMITED v. SETHO CLASSIC ENGINEERING LTD
2015
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE J.A (PRESIDING)
- AGNES M. A. DORDZIE J.A
- I.O. TANKO AMADU J.A
Areas of Law
- Civil Procedure
- Land Law
- Appellate Review
- Injunctions
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the High Court's ruling to dismiss the Plaintiff/Appellants application for an interlocutory injunction was dismissed. The grounds of appeal were found to be either incompetent or insufficient to overturn the Trial Courts decision. Both parties were ordered to maintain the status quo pending the final determination of the substantive trial.
JUDGMENT
TANKO AMADU J.A
(1) This appeal emanates from the ruling of the High Court (Land Division) Accra dated 30th July 2014, wherein the Plaintiff/ Appellant’s application for an order for interlocutory injunction was dismissed.
(2) In the High Court, the Plaintiff/Appellant (hereinafter referred to as the Appellant) took out a writ of summons against the Defendant/Respondent (hereinafter referred to as “the Respondent) for the following reliefs:-
“(i) Declaration Title to the land
(ii) Recovery of possession
(iii) Order to demolish any structures on the land
(iv) Damages for trespass
(v) Perpetual injunction restraining the Defendant whether by its
officers, assigns, workmen, privies servants, agents or
otherwise however from entering or interfering in any way
with the Plaintiff’s right to the land.
(3) In a statement of claim of 14 paragraphs and one additional paragraph seeking the same reliefs as endorsed in the writ of summons, the Plaintiff traced the history of its acquisition and interest in the land but save an averment that the deed of assignment between them and an entity called Naak Estates Ltd. shows the limits of the land, it failed to provide particulars with respect to size, extent, area covered, or boundary owners.
(4) The Respondent contested the Appellant’s case and in its statement of defence denied in entirety the Appellant’s averments. It averred further that it is a lessee of the subject matter by virtue of two leases both dated 20th June 2005 from Nii TeiAdumua II Chief of Kpone Appolonia and that its grantor was holder of a Land Certificate over the parcels it had leased.
(5) In paragraph 10 of the statement of defence, the Respondent averred that it has since granted portions of the parcels it had leased to numerous persons including corporate organizations who have built various buildings to completion and are resident therein while other developments are at an advanced stage.
(6) In the Appellant’s application for interlocutory injunction at the Court below, the Appellant attached the deed of assignment between it and its Vendor Naak Estates Ltd. It is dated 20th December 2008 and recites a lease dated 24/9/1996 between Nii Adjetey Kokroko Akoa Mantse of Tema, and Nii Mensah Bossah II Kubreko Mantse as the Vendor’s lessors.
(7) In paragraph 14 of the Respondent’s statement of defence, reference has been made to suit No.SOC/41/12 in which Nii Mensah Bossah II and others had sued the Respondent’s grantor and had