KIVERTY IVY VICTORIA OBENG v. WELBECK MENSAH YEMOH
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Areas of Law
- Interlocutory Injunction
- Receivership
- Family Law
- Property Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court declined the application for an interlocutory injunction and the appointment of a receiver. The court found that the Applicant's claim of being a part owner of the property was not frivolous or vexatious but concluded that compensation would be an adequate remedy at the end of the trial. The court also highlighted that appointing a Registrar as a receiver is contrary to the purpose of the Rules and an abuse of the role of the Registrar.
RULING
By this application the Plaintiff/Applicant is praying the court for the grant of an order of interlocutory injunction to restrain Defendant and his agents and assigns from dealing with the subject matter of the dispute being at Baatsonaa. She also ask for a further order appointing the Registrar of the court to receive rents and manage the property pending the final determination of the suit. In the affidavit that accompanied the application the applicant claim that the res litiga was acquired by the applicant but placed in the joint names of the parties whiles they were married in England. She claim that the marriage was dissolved in England making Respondent relocate to Ghana. Applicant depose that without the consent of her Respondent has taken control of the property, rented it out to tenants and failed to account for same.
It is therefore the prayer of the Applicant that an injunction be placed on further receipt of the rent by Respondent and a receiver in the person of the Registrar of the High Court appointed to collect the rent till the final determination of the suit. Respondent on the other hand has strongly resisted the application claiming that though the property is in their joint names but was solely acquired by him. He depose that he contracted his own brother to build property and paid for same. Respondent further contends that he relocated to Ghana not to escape his responsibility as a father to the two children of the marriage but instead he was discharged by the Brentford County Court on a charge of molestation brought against him by the Applicant. To Respondent the Batsonaa property was solely built by him as the Applicant who worked just two hours a week could not have made any meaningful contribution and Applicant was therefore not entitled to any 50% share in that property. This is more so as Respondent signed a consent order during their divorce proceedings relinquishing his claim to the property in England on the understanding that Applicant would have no share in the property in Ghana.
Finally Respondent makes the claim that the house is under renovation with no rent being paid and in the same breath claim that the house under renovation is occupied by him and his spouse.
Order 25 Rule 1 of the High Court (Civil Procedure) Rules, C. I. 47 states as follows:
“The court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be