NICK AMUZU LAGOH v. LAKESIDE ESTATE COMPANY LTD & ANOTHER
July 14, 2022
COURT OF APPEAL
GHANA
CORAM
- BABARA A. YENSU (MRS), (PRESIDING)
- GEORGE K. KOOMSON, J.A.
- ERIC BAAH, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
July 14, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Eric Baah JA with Barbara F. Ackah-Yensu JA and George K. Koomson JA concurring, considered an interlocutory appeal from the High Court, Adenta, dismissing a motion for interim injunction over a disputed parcel at North-West Ashale Botwe, Accra. The appellant claimed a 2000 purchase from Nii Sowa Okataban II, longstanding occupation, and destruction of his structures after the second respondent—grantee of Lakeside Estate Ltd—moved to take possession. Lakeside traced registered title to large tracts acquired from the Nungua Stool, revalidated after a government compulsory acquisition (E.I. 15), and supported by land title certificate TD0513. Applying Order 25 r.1 (C.I. 47) and the Welford Quarcoo/Owusu v Owusu-Ansah three-tier test, the court held that the unstamped, unregistered indenture had no probative value to establish a legal right at law, though a prima facie equitable interest from possession was shown. Damages were adequate either way, and the balance of convenience favored protecting Lakeside’s registered title. The High Court’s dismissal was affirmed and the appeal dismissed.
BAAH, J.A
INTRODUCTION
This judgment is situated on an interlocutory appeal filed by Plaintiff/Appellant (hereafter Appellant) on 27 April 2021, against a ruling of the High Court, Adenta, coram; Enyonam Adinyira, J. dated 12 April 2021, which dismissed an application by Appellant for an order of interlocutory injunction against the Defendants/Respondents (hereafter Respondents). The appeal requires us to conduct an enquiry as to the proper legal standards for grant of interlocutory injunctions, and as to whether the appealed ruling satisfied the said standards.
APPELLANT’S RELIEFS
By the endorsement on his writ of summons dated 23 July 2020, Appellant in the court below, seeks the reliefs of declaration of title to a piece of land situate at North-West Ashale Botwe, Accra, recovery of possession, general and special damages, perpetual injunction and costs.
CASE OF APPELLANT
The pleaded case of the Appellant is that, in year 2000, he acquired one piece of land from Nii Sowa Okataban II, chief and lawful head of Kplen We Family of Adentan. Documents over the land was given to him by the grantor in 2003, even though he had gone into possession in 2000. In 2003, he put up two single rooms on the land, and later, a chamber and a hall, in which he has lived with his family up to date, without let or hinderance.
At 5.30 a.m. on 1 June 2018 however, 2nd Respondent brought in land guards to drive him away from his land, on the pretext that the 1st Respondent had sold the same piece of land to him. Due to threats from the men brought in by 2nd Respondent, he fled with his family and lodged a complaint with the Property Fraud Unit at C.I.D Headquarters of the Ghana Police Service.
His case continues that even though his land was acquired from the Numo Nmashie Family of Teshie, the Police told him that the land has been registered in the name of the 1st Respondent.
According to Appellant, 2nd Respondent has destroyed all the structures he put up on the disputed land. He has levelled it and fenced it.
He contends that Respondents are estopped from laying a claim of title to the land, after he had been in adverse possession of same for the past 20 years. He insisted that the subject land forms part of the lands of the Numo Nmashie Family of Teshie.
CASE OF RESPONDENTS
The case of the 1st Respondent is that the subject land is part of its large tract of land which forms part of the lands of Nungua and situate at Katamanso.
According to 1st Respondent, it ac