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THE TRUSTEES OF THE CATHOLIC CHURCH ACHIMOTA vs KOF AGYEMAN & ANOTHER

2018

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The Plaintiff/Applicant filed a legal action seeking damages, recovery of possession, and a perpetual injunction against the Defendants for allegedly trespassing on a parcel of land in Achimota, Accra. The Plaintiff also sought an interlocutory injunction to restrain the Defendants from any activities on the said land, but the application was opposed by the Defendants. The court assessed whether the Plaintiff could positively identify the land in question, referencing the case of Anane and others vrs. Donkor and others [1965] GLR 188, which held that a claim for declaration of title or an order for injunction must fail if the land's identity is not clearly established. The court found that the Plaintiff failed to provide an adequate description of the land, leading to the dismissal of the interlocutory injunction application and awarding costs to the Defendants.

RULING