MOHAMMED FAKHREDDINE vs ABENA SAMA DARKO
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute where the Applicant sought an interlocutory injunction against the Defendant. The Applicant claims ownership of a parcel of land, supported by a Land Title Registry Certificate, and alleges that unruly people invaded the land and demolished a wall she had built. The Court examined the principles for granting an interlocutory injunction, including the establishment of a right or interest in the subject matter, serious factual or legal matters to be investigated, potential irreparable damage, and the status quo. The Court found that the Applicant had met these conditions, particularly noting her land title certificate, evidence of possession, and compliance with land development procedures. The Defendant's failure to file any opposition was also considered. Consequently, the Court granted the interlocutory injunction and awarded costs to the Applicant, maintaining the status quo before the alleged invasion of the land.
On 29/05/2019, this Court heard Counsel for Plaintiff on her motion for an order of interlocutory injunction.
The motion has been filed and duly served on Defendant.
The motion has been filed on 01/06/2018, with a supplementary affidavit in support, filed on 25/06/2018. The motion paper contains the description of the land, which is the same as the description and identity of the land as disclosed in the indorsement on the writ of summons.
In it, Applicant is seeking, declaration of title, perpetual injunction, special and general damages, in respect of land covering an approximate area of 0. 17 acres, situated behind Burma Camp.
The pleadings showed that, applicant has successfully registered the land and has Land Title Registry Certificate No. GA 46421, dated 23/02/2015. Furthermore, it is alleged, Applicant caused a wall to be built around the land and applied for permit from the municipal Assembly to commence construction of a house on the land.
Applicant also alleged that unruly people invaded the land and demolished the wall built around it.
In addition, the deposition in support of the motion contains the same averment referred to supra.
The source of title has been given as grant/conveyance made by Ebenezer Tawiah Ako the head and lawful representative of Nii Sowah Kwade family of LA, Accra.
There are annexures, namely:
a) EXHIBIT ‘MF1’ series, which is a copy of the certificate and registration documents of the land.
b) EXHIBIT ‘MF2’ series, are receipts of payments and the approval notice of the building permit, applied for.
c) EXHIBIT ‘MF3’ series, are pieces of evidence on communications that has gone on between Applicant and ARG.
d) EXHIBIT ‘MF4’ series are receipts.
e) EXHIBIT ‘MF5’ series, as well as f) EXHIBIT ‘MF6’ series.
This Court has examined the documents carefully.
This application has been made under ORDER 25 Rule 1 of the High Court, Civil Procedure Rules, 2004, it provides that an order of interlocutory injunction may be granted when it is JUST and CONVENIENT to do so.
I have perused the statement of case filed on behalf of the Applicant herein, in which references have been made to case law on interlocutory injunction applications.
In the rule cited supra, the High Court is invested with discretionary jurisdiction, which must be exercised with the same principles as the laid down by the Ancient Chancery Courts with a view to arriving at conclusions which will be fair in the circumstances.
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