July 14, 2022
COURT OF APPEAL
GHANA
CORAM
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.
KWOFIE JA:
This is an appeal against the ruling of the High Court Accra, Land Division dated the 18th October, 2021 by which the trial judge dismissed an application for interlocutory injunction filed by the plaintiff/appellant against the defendants/respondents.
The facts giving rise to this appeal are that by a writ of summons and an accompanying statement of claim filed on 9th August 2021, the plaintiff/appellant claimed against the defendants as follows: a) A declaration of title to all that land more particularly described in the statement of claim b) Recovery of possession c) Perpetual Injunction restraining the defendants, their agents, privies, servants, assigns and any person deriving any interest through them, from entering or dealing with the said land in any manner that interfered with the lawful possession and occupation of the plaintiff d) Damages for Trespass e) Costs inclusive of legal fees and f) Any order relief(s) which this honourable court deems fit or considers just. The plaintiff’s case as set out in its pleadings is that sometime in August 2010 it acquired two (2) parcels of land in an area commonly referred to as Nungua Farms from the Nungua Stool represented by the chief of Nungua and the Gborbu Wulomo which acquisition was evidenced by two (2) sub-leases dated 16th August 2010 executed between the Nungua stool of the one part and the plaintiff for a period of 95 years.
Plaintiff further averred that the 2 sub-leases were executed pursuant to a lease executed between the Nungua Stool and the Government of Ghana for a term of 99 years, dated the 12th of August 2010. It was the plaintiff’s case further that after acquiring the said land, it went into immediate occupation and exercised acts of ownership and possession.
Plaintiff pleaded that it has constructed its head office on a portion of the land and has put up ten (10) single room structures on the land to demarcate its boundaries.
Further, the plaintiff said that it had fixed corner pillars and constructed a fence wall around the tract of land and all these were done without any let or hindrance from anybody.
According to the plaintiff, quite recently, the defendants without any just cause or consent of plaintiff have entered unto portions of the land acquired by the plaintiff from the Nungua stool and have started demolishing structures thereon with brute force and are reducing those portions as part of their land to the plaintiff’s detriment.
Pursuant, to those facts,