KING ODAIFIO WELENTSI II & ANOR VS DAVID MENSAH QUAYE & ANOR

NOVISI ARYENE JA:

On hearing Plaintiffs’ application for interim injunction, the trial judge by a ruling delivered on 7th April 2022, restrained the parties from carrying out any further development on the disputed land pending the final determination of the suit.

The court also ordered that developments on the disputed land, which have reached advanced stage ie.

lintel level, could continue.

It is this aspect of the ruling which has triggered the instant appeal by the 1st defendant.

In this judgment, Plaintiffs would be referred to as Respondents and the 1st defendant as the Appellant.

2nd Defendant did not enter appearance.

By notice of appeal filed on 11th of April 2022, Appellant is praying the portion of the ruling which allowed development of buildings which have reached advanced stage to continue, to be set aside on the following grounds: I. The judgment is against the weight of affidavit evidence.

The learned trial judge’s decision to allow development on parts of the land that have reached lintel level is a wrong application of the law on injunctions and same has occasioned a substantial miscarriage of justice on the 1st defendant/appellant.

For a better appreciation of what this court has been invited to consider in this appeal, we shall refer to the facts as provided by the parties in their pleadings and affidavits.

Describing themselves as the Paramount Chief and the Chief Priest respectively, of the Nungua Traditional Area, 1st and 2nd respondents, by an amended writ of summons and statement of claim, contended that appellant and 2nd defendant have trespassed onto their grantees’ land and demolished buildings under construction and that all efforts to restrain them had failed.

Hence the instant action, brought on behalf of the Nungua Stool, for the following reliefs: i. A declaration that all Santeo lands are Nungua Stool lands.

A declaration that the Nungua Stool is the legal and proper authority to grant Nungua stool lands.

A declaration of title to all 79 acres of land being, lying and situate at Santeo.

A declaration that defendants have trespassed onto Nungua stool land.

v. An order of perpetual injunction restraining the defendants their assigns privies and anyone claiming through them from further trespassing onto the land.

General damages for trespass Challenging the claim, Appellant entered appearance and filed a statement of defence counterclaiming for declaration of title to the same land.

He also prayed for an orde