ROSE ARYEE VS TSIE WE FAMILY OF TESHIE

In this land dispute at Okpoi Gonno, Teshie, the Plaintiff/Applicant sought an interlocutory injunction to restrain the Defendant from dealing with the property pending trial. The court restated the governing test for interim relief—existence of a legal or equitable right, the balance of convenience, and whether damages would suffice—drawing on authorities including American Cyanamid Co v Ethicon Ltd and Ghanaian precedents such as Vanderpuye v Nartey and Pountney v Doegah. The Defendant’s opposition annexed a lease dated 24 August 2007 from the Tsie We family to Manet Housing Limited for 99 years over approximately 12.163 acres, and demonstrated that Manet had registered a Land Title Certificate covering the subject land. The court noted evidence that the Plaintiff’s Land Title Certificate had been cancelled by the Land Title Registry. Concluding that the land presently belongs to Manet and the Defendant has no interest, the court found that an injunction would be futile, dismissed the application, joined Manet Housing Limited as the 2nd Defendant, and ordered the Plaintiff to amend and serve within two weeks.