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NAA KUOKOR AGYEMAN II VS GODFRED ODOTEI & 8 ORS

2022

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP EMMANUEL AMO YARTEY (J)

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

In this motion determined by His Lordship Emmanuel Amo Yartey (J), the Applicant sought interim relief to restrain the Respondents and their agents from entering and developing a disputed parcel of land, including digging, cutting surface soil and constructing a fence wall, pending trial. Both sides filed affidavits, annexures and statements of case; the court noted evidence that each party had exhibited title documents and judgments evidencing claimed ownership. Applying Order 25 of C.I. 47 and authorities such as American Cyanamid Co. v. Ethicon Ltd., Vanderpuye v. Nartey and Pountney v. Doegah, the court reiterated that an applicant must show a right, the balance of convenience must favor relief, and damages must be inadequate. To avoid greater harm and preserve the status ante, the court granted the interlocutory injunction and restrained all parties from developing or selling the land until the suit’s final determination.

RULING