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RULING
RULING
MOTION ON NOTICE FOR INTERLOCUTORY INJUNCTION PURSUANT
TO ORDER 25 OF C.I. 47
BACKGROUND
On the 14th of March 2022, the Plaintiffs issued a Writ of Summons and a
Statement of Claim sealed at the Registry of this Court against the Defendant
praying for the following;
1. 1st Plaintiff claims against the Defendant the sum of Fifteen Thousand
Ghana Cedis (Ghc15, 000.00) being the accrued consideration for the
acquisition of 1st Plaintiff land.
2. 1st Plaintiff claims against the Defendant interest on the sum of Fifteen
Thousand Ghana Cedis (Ghc15,000.00) at the prevailing commercial bank
lending rate from 30th November till date of final payment.
3. 1st Plaintiff claims against the Defendant general damages for breach of
contract.
4. 2nd Plaintiff claims against Defendant a declaration that no contract has
been entered into between 2nd Plaintiff and Defendant for the sale of the
land described in the second schedule.
5. An order for perpetual injunction in favour of 2nd Plaintiff restraining the
Defendants and her agents, privies, assigns and servants from entering
unto or in any way disturbing or interfering with 2nd Plaintiff’s or her
assign’s interest in the land.
The Defendant filed a Statement of Defence on the 15th of March 2022 and
Counterclaimed as follows;
1. A declaration of title of all that piece and or parcel of land situated and
lying at Sakaman, South Odorkor, Accra measuring an approximate area
of 0.32 acres of land, bounded on the North by land belonging to Gbawe
Kwatei Family measuring 140.7 feet more or less, on the North East
Gbawe Kwatei Family measuring 100.0 feet more or less, on the South
East by a proposed road measuring 140.4 feet more or less, on the South
West by Gbawe Kwatei Family measuring 100.0 feet more or less.
2. An order of perpetual injunction in favour of the Defendant restraining
the Plaintiffs, their assigns, representatives and all parties claiming
through them.
3. Recovery of possession
4. General damages and costs.
On the 15th of March 2022, the Defendant/Applicant filed a Motion on Notice for
Interlocutory Injunction against praying for an Order granting interlocutory
injunction against the Plaintiffs, their assigns, representatives and all parties
claiming through them from any further development on the disputed land and
entering the land until the final determination of this suit.
The Application was brought under Order 25 of the High Court Civil Procedure