NII OTU AKWETEY IX & ORS. v. SETH OTU OKLEY & ORS.

The Court of Appeal, per Barbara Ackah-Yensu, JA, allowed an interlocutory appeal against an order of the High Court (Land Division), Accra, which had granted an injunction restraining dealings with land claimed by the Katamanso Stool under the Nungua Stool. Plaintiffs sought declarations of fraud, recovery of possession, and expungement by the Lands Commission, relying on earlier judgments. Defendants and the Lands Commission asserted regular registration and title under Land Certificate No. TD/2221/13, noting that objections, including one by the 1st Plaintiff, were withdrawn, and third parties had acquired interests. Applying Order 25 Rule 1(1) and American Cyanamid principles, the Court of Appeal held the trial judge failed to articulate reasons beyond “pertinent issues” and did not balance equities or account for the prima facie title and potential hardship to Defendants and third-party grantees. The appeal was allowed, the injunction set aside, and the case remitted for continuation of the substantive suit.