NII EWULU ADJEI KLU v. AMOCAD

P. Bright Mensah JA authored a unanimous Court of Appeal decision dismissing an appeal against the High Court, Adentan’s refusal to grant an interlocutory injunction. The case concerns a land dispute involving the Otswe We Family of Danfa and a respondent real estate developer whose late managing director, Emmanuel Nii Adjei‑Owusu, negotiated purchase of a larger tract in the late 1980s/early 1990s with representatives of all five ancestries of the family, including the appellant’s representative. The court restated that civil appeals are by way of rehearing and that appellate interference with discretion is limited. Applying Order 25 r 1 of CI 47 and Supreme Court guidance (including 18th July Ltd v Yehans), the court found the appellant’s claimed right to protection doubtful, noted uncontroverted affidavit evidence of lawful acquisition, a cadastral survey, compensation of farmers, and a Danfa Traditional Council directive allowing the respondent to proceed. It held that an injunction would cause irreparable damage and greater hardship to the respondent, affirmed the High Court’s refusal, and awarded costs of GHc20,000.