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MRS. MERCY FENUKU BOLUS vs GEOCOM CO. LTD & ORS

2022

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE AMOS WUNTAH WUNI

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Equity and Trusts
  • Probate and Succession

AI Generated Summary

Justice Amos Wuntah Wuni of the High Court ruled on a motion for an interlocutory injunction in a family land dispute. The Plaintiff/Applicant’s motion was supported by an affidavit deposed to by Mawutor Nudokpo of Dabala. The Defendants/Respondents opposed, asserting that Letters of Administration de bonis non were issued in 2017 to the 3rd Defendant after the original administrators died, and that the administrator, after an initial attempt in Greater Accra, registered the land in the Eastern Region. Respondents said they financed registration and, with family consent, granted 10.30 acres to the 1st Defendant to raise funds and counter encroachment, with letters evidencing support. They alleged the Applicant misidentified the land, pointing to coconut tree landmarks. Applying Order 25 of C.I. 47 and Supreme Court guidance and avoiding prejudgment of title, the court found the application lacked merit and dismissed it, awarding costs of GH¢3,000 against the Applicant.

RULING