2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arises from a land dispute over approximately 42.12 acres at Asuogya, Ofoase-Kokoben. The Plaintiffs/Appellants, descendants of four named ancestors, sued in their personal capacities seeking a declaration of title, damages for trespass, and an interlocutory injunction to restrain the Defendant/Respondent from surveying, erecting pillars, constructing access roads, and demarcating plots for sale. The High Court, Kumasi, dismissed the injunction application. On appeal, the Court of Appeal agreed that injunctions protect rights prospectively and that claiming damages for past trespass is not, by itself, a reason to deny injunctive relief. Nevertheless, the Court dismissed the appeal because the Plaintiffs failed to establish a clear legal or equitable right and proper capacity: their pleadings asserted family ownership by the Aduana Clan, yet they did not sue in representative capacity or comply with CI 47’s requirements concerning family representation. Applying deferential appellate review of discretionary decisions, the Court affirmed the refusal of injunction.
ASIEDU, JA.
My lords, on the 29th day of April 2020, the within named Plaintiffs/Appellants; who shall hereafter be referred to as the Plaintiffs or the Appellants, caused a writ of summons to issue against the Defendant/Respondent; hereafter referred to as the Defendant or Respondent. In the said writ, the Plaintiffs sought:
“a. Declaration of title to the piece of land situate lying and being at Asuogya, Ofoase-Kokoben measuring approximately 42.12 acres and bounded by on the south by a stream called Asuo Bookor, on the East by a stream called Asuo Akobonsu, on the North by Abenkyiman Hospital and on the West by a stretch of land commonly called Sakyi (owned by Agyapong family) belongs to the Plaintiffs being their ancestral land.
b. A declaration that the act of the Defendant in seeking to assert interest and/or ownership in relation to the said land or a portion thereof by surveying the land and erecting pillars, construction of an access road and demarcation of the land into plots in readiness for sale is unlawful, illegal, trespassory and an attempt to interfere with the proprietary rights of the Plaintiffs.
c. General, special, punitive and exemplary damages against the Defendant for trespass and unlawful conduct.
d. An order of injunction restraining the Defendant, his agents, assigns, representatives, workmen, servants and persons acting on his behalf and at his direction in any manner whatsoever from interfering with the Plaintiffs right, title, interest and possession of the said land.”
Accompanying the writ was a statement of claim detailing out the facts in support of the indorsement on the writ. The Defendant filed a statement of defence on the 15th day of May 2020. About 10 minutes after the filing of the writ, the Plaintiffs also filed a motion on notice with a supporting affidavit for an order of interlocutory injunction to restrain “the Defendant, his agents, assigns, privies, successors, workmen and those acting upon his behest, instruction and/or direction from in any manner interfering with the Plaintiffs’ right, title, interest and possession of the parcel of land lying situate and being at Asuogya, Ofoase-Kokoben measuring 42.12 acres and bounded by on the south by a stream called Asuo Bookor, on the east by a stream called Asuo Akobonsu, on the north by Abenkyiman Hospital land and on the west by a stretch of land commonly called Sakyi (owned by Agyapong family) which is the ancestral land of the Plaintiffs and in particular f