MICHAEL CAMPBELL ATTIPOE vs AGNES LOCHER-AFUM

Sheer indiscipline and reprehensible lawlessness and are becoming part and parcel of the Metropolitan Land Market of Accra. Therefore, it is becoming the norm and practice for land owners and land users to seek the intervention of our Courts to protect and/or preserve the nature and character of their pieces or parcels of land in dispute, pending the determination of such disputes by our Courts. The instant application for interlocutory injunction filed by the Plaintiff/Applicant (hereafter referred to as the Applicant) on 4th January 2023 is one such application.

The Plaintiff commenced the instant action against the Defendant/Respondent (hereafter referred to as the Respondent) by a Writ of Summons and Statement of Claim on 29th December 2022 for the following reliefs:

a) “A declaration of title to the two adjoining plots of land situate at Adjiringanor, Accra and most particularly described in the statement of claim hereto attached comprising approximately 0.656 and 0.35 acres, the subject matter of Land Registry Certificate No. GA.19160 and No.TD 7098 respectively.

b) Damages for trespass

c) An order of perpetual injunction directed at the Defendant whether by herself, workmen, privies, assigns, or whosoever restraining them from entering upon the said land or any part thereof or in any other manner interfering with the Plaintiff’s possession thereof and rights of ownership thereto

d) Costs; and

e) Further or other relief.”

As a result of challenges with service of Court processes on the Defendant, one Eric Daano, a Bailiff attached to this Land Court swore an Affidavit of Non-Service on 12th January 2023, asseverating that on the 6th, 10th, 11th and 12th of January 2023 he attempted service of a motion on notice for an Order of Interlocutory Injunction on the Defendant but was unsuccessful for the following reasons:

“On the 6th of January 2023 I attempted service on her at North Kaneshie but I could not get her to effect service on her and on the 10th, 11th and 12th of January 2023, I also attempted service on her at her house and also at the site but [she] did not show her face for me to effect service on her.”

Counsel for the Plaintiff therefore filed ex parte applications for an Order of Interim Injunction and for Substituted Service of the instant motion on notice for an Order of Interlocutory Injunction. Both applications found favour with this Court and were granted, as prayed, on 13th January 2023.

The records now show that the Defe