Julius Kwaku Ofori v. Theophilus Ankama Aryee
2016
COURT OF APPEAL
GHANA
CORAM
- Ofoe, J.A. (Presiding)
- Larbi (Mrs.), J.A.
- Agyemang (Mrs.), J.A.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Equity and Trusts
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff sought an interlocutory injunction to restrain the defendant from interfering with a parcel of land in Kwabenya, Accra, which was dismissed by the High Court. The trial judge's objections centered on the plaintiff's grantor’s capacity and the registration status with the Lands Commission. On appeal, the appellate court found that the trial judge erred in his approach by focusing on the merits of the plaintiff's case and the grantor's entitlement. The appellate court emphasized that the correct judicial discretion for interlocutory injunctions must focus on the existence of a serious question to be tried and not prejudge the substantive issue. The appeal was allowed, setting aside the trial court's ruling, and the interlocutory injunction was granted.
AGYEMANG, JA: In this appeal against the ruling of the High Court (Land Division)Accra, the plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the appellant), seeks the setting aside of the ruling of the learned trial judge, as well as the grant of an interlocutory injunction in favour of the appellant against the defendant/respondent (hereafter referred to alternately as the defendant, or the respondent). The matters that have given rise to the appeal are as follows: The plaintiff commenced an action against the defendant claiming inter alia, a declaration of title to “all that piece or parcel of land situate, lying and being at Kwabenya Accra containing an approximate area of 0. 317 acres…”(was more particularly described and delineated in a plan attached to the writ of summons); recovery of possession, and damages for trespass.
After the parties filed their pleadings, the plaintiff brought an application for an interlocutory injunction which was strongly opposed by the defendant.
The court below dismissed the application.
The reasons for the dismissal were that the capacity of the plaintiff’s grantor was in issue, and furthermore, that certain persons(described as the joint heads of the Odai Ntow family) to whom the plaintiff’s grantor traced his root of title, were not recorded in the books of the Lands Commission as owners of the land in dispute.
The learned trial judge went on to say that in the circumstance, the court could not clothe the plaintiff with the legal right to the land while the capacity of his grantors to alienate the land was in dispute.
It is against the said ruling of the court below that the present appeal has been brought.
The appellant filed two grounds of appeal which we reproduce as follows: “1. The ruling is against the weight of the evidence; 2. The learned judge erred in law when he determined the merits and the legal status of the suit in an interlocutory application thereby occasioning a serious miscarriage of justice Particulars of Error of Law i. “The learned judge erred in law when he held that the plaintiff’s lessors had no capacity to lease the land to the plaintiff, without any evidence adduced by the plaintiffs; ii.
The learned judge erred in law by prematurely prejudging the legality, validity, and competency of the suit in an interlocutory application which terminated the pending substantive suit before the court; iii.
The learned judge…breached the rules of natural justice thereby