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SINO AFRICA DEVELOPMENT CO. LTD VS ROYAL BELL INVESTMENTS LTD. & ANOR

2022

COURT OF APPEAL

GHANA

CORAM

  • HENRY KWOFIE JA (PRESIDING)
  • BRIGHT MENSAH JA
  • RICHARD ADJEI-FRIMPONG JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

Justice Henry Kwofie JA, writing for the Ghana Court of Appeal, allowed Sino Africa Development Ltd’s appeal from a High Court (Accra, Land Division) ruling refusing an interlocutory injunction in a land dispute over Nungua Farms. Sino Africa acquired two sub‑leases from the Nungua Stool on 16 August 2010, after the Government’s 12 August 2010 lease to the Stool over lands originally compulsorily acquired in 1940. Sino Africa erected a head office, single‑room structures, pillars and fencing, and alleged that defendants recently entered and demolished structures, relying on a 2018 consent judgment and 30 June 2021 execution placing the first defendant in possession. Respondents traced title through a 1996 Stool lease to the Nii Abotsi Borlabi family, a 2015 land title certificate, an assignment to a first defendant company, and a 2016 land title certificate, with Terraform Development Ltd connected to an affordable housing scheme. The Court held the trial judge misapprehended pleadings and affidavits, erred on land identity and funding assertions (Exhibits M, M1 and N), and ordered both sides restrained from dealings pending trial and the case transferred from Amo Yartey J to a different High Court.

JUDGMENT