KWEIKAILEY KOTEY _ 3 ORS. v. SAMMY WILLIAMS _ ANOR.
2004
COURT OF APPEAL
GHANA
CORAM
- PROF. KOTEY JSC
- OWUSU (MS.) JSC
- LOVELACE-JOHNSON (MS.) JSC
- PROF. MENSA-BONSU (MRS.) JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arises from the High Courts 28 July 2003 order restraining both the Kotey family plaintiffs and defendants Buagwan Asnani and Sammy Williams from dealing with House No. D930/3 near the Supreme Court building in Accra. Plaintiffs claim title, seek invalidation of a 1977 lease granted by Emmanuel Cofie Hagan, and request injunction, damages, and possession. Defendants rely on prior determinations: a 1960 Local Court ruling, a 1961 High Court judgment by Ollenu J (affirmed in 1969), a Circuit Court judgment against tenants, a Court of Appeal dismissal (Exhibit E), and the Supreme Courts refusal of special leave. Applying Venderpuye v Nartey and American Cyanamid principles, and noting modern requirements of a legally maintainable claim, the Court of Appeal found grave legal objections to the plaintiffs claim, the balance of convenience favoring defendants, allowed the appeal, set aside the injunction, and ordered expedited trial.
JUDGMENT
ANIM, JA.
The is an interlocutory appeal against the ruling of His Lordship Mr. Justice Anin-Yeboah J. (as he then was) delivered on the 28th day of July 2003 at the High Court, Accra, which restrained both parties herein, their privies, agents and assigns from having anything to do with the subject matter of this case till the order was disposed of or the case was finally disposed of. The Defendants/Appellants/Applicants (hereinafter referred to as Defendants") seek from this Court an order vacating the order of injunction handed down on the said date.
The facts giving birth to this appeal may be summarized as follows. By a writ issued by the Plaintiffs/Respondents/Respondents (hereinafter referred to as "Plaintiffs") on 11th April 2003, they claimed against the Defendants the following reliefs:-
(a) Declaration of title to all that piece or parcel of land with House No. D930/3 situate lying and being at the junction of THORPE ROAD and CLUB Road SOUTH WEST OF THE SUPREME COURT building bounded on the NORTH by STATE INSURANCE property measuring 60 feet more or less on SOUTH by CLUB ROAD measuring 90 feet more or less on the EAST by THORPE ROAD measuring on 95 feet more or less on the WEST by the late ALFRED GBORGE'S property measuring 86 feet more or less.
(b) A declaration that the lease dated 31st December 1977 and made between one Emmanuel Cofie Hagan of Korle Wokon who unlawfully acted as Head of Herbert Charles Kotey family of one part and the Defendants—Buagwan Asnani and Sammy Williams of the other part is null and void.
(c) Perpetual injunction to restrain Defendants from trespassing on the said land
(d) Damages for trespass
(e) Recovery of possession.
After pleadings had closed Summons for Directions was taken on 9th July 2003, and the case was adjourned to 16th October 2003 for hearing.
Meanwhile on the 18th of July 2003, the plaintiffs filed a motion for interim injunction praying for an order restraining the Defendants and their agents from constructing building on the land in dispute. The said motion was fixed for hearing on Monday the 28th of July 2003. On the said date when the motion was moved the learned trial judge gave a ruling in which the court granted the application for interim injunction against both parties in the suit. Dissatisfied with and aggrieved by the said decision the Defendants have appealed to this court.
The grounds of the Appellant's prayer as set out in the Notice of Appeal filed on 5th August 2003