JAMES NII ARYEE ARYEETEY vs FRANK OKRAKU MANTEY & ANOR
May 15, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
May 15, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
This is an Application by the Plaintiff/Applicant praying the Court for Interlocutory Injunction restraining the Defendants from dealing with the land of the Plaintiff pending the final determination of the Suit.
I have critically examined the processes filed by the parties in support and against the Application.
There is evidence before me that the parties exhibited various documents evidencing their interest in the land.
This clearly calls for the preservation of the status ante.
However, there is evidence before me depicting that there is a dwelling house on the subject land.
In the circumstance I shall restrain the Defendants from undertaking new developments on the subject land or sell same pending the final determination of the suit.
This Order affects the assigns, privies etc. of the Defendants.
(SGD)
EMMANUEL AMO YARTEY (J)
AI Generated Summary
Presided over by His Lordship Emmanuel Amo Yartey (J), the Court considered an interlocutory application by the Plaintiff/Applicant seeking to restrain the Defendants from dealing with the Plaintiffs land until final determination of the suit. After critically examining the processes filed by both sides, the Court noted evidence that each party had exhibited documents evidencing interest in the subject land. This situation warranted preservation of the status ante. The Court also observed that a dwelling house existed on the land, influencing the scope of relief. Accordingly, the Court ordered that the Defendants be restrained from undertaking new developments or selling the land pending trial, and specified that the order binds the Defendants assigns and privies.