J U D G M E N T

KWOFIE JSC:

This appeal has been launched against the judgment of the Court of appeal dated 16th November 2023 which affirmed a ruling of the trial High Court Accra.

The trial High Court had on 19-7-2022 granted an application for an order of interlocutory injunction pending the final determination of the substantive suit. An appeal by the defendant/appellant/appellant to the Court of Appeal was dismissed on the 16th November, 2023. This Honourable Court is called upon to decide whether the Court of Appeal erred in affirming the trial court’s ruling.

The facts which provoked the appeal in this case are not in dispute. By a Writ of Summons filed on 9th March 2022, the Plaintiff/respondent/respondent (hereinafter referred to as the plaintiff claimed against the defendant/appellant/appellant) (hereinafter referred to as the defendant) the following reliefs:

a)A declaration that the plaintiff is the owner of all that piece or parcel of land situate lying and being at Roman Ridge, Ayawaso west, Accra containing an approximate area of 0.50 acre more or less and bounded on the North by lessor’s and measuring 181.9 feet more or less, on the South by lessor’s land measuring 184.1 feet more or less, on the East by proposed road measuring 99.2 feet more or less and on the west by lessor’s land measuring 144.3 feet more or less.

b)An order of interlocutory injunction restraining the defendant, his privies, assigns, agents and workmen from interfering with the plaintiff’s peaceful use and enjoyment of its land as described in paragraph (a) above pending the final determination of the suit.

c)An order of perpetual injunction restraining the defendant, his privies, assigns, agents and workmen from interfering with the plaintiff’s peaceful use and enjoyment of its land as described in paragraph A above.

d)An order for recovery of possession of any portion of the plaintiff’s land trespassed upon by the defendant.

e)Damages for trespass.

f)Costs including legal fees

g)Any other orders that this Honourable Court may deem fit to make.

The plaintiff traced its root of title to the land to a lease granted to it by the Nii Odoitso Odoi Kwao family of Accra sometime in 2014. The plaintiff pleaded that at the time she was granted the land in 2014 by the Nii Odoitso Odoi Kwao family, there was a 4-bedroom house with a 2-bedroom boy’s quarters on the land and the land was very bushy.