Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

THOMAS APPIAH ANSAH v. NANA KATAKYIRE II & ORS

2012

COURT OF APPEAL

GHANA

CORAM

  • S.MARFUL-SAU, J.A (PRESIDING)
  • C.J.HONYENUGA, J.A
  • DENNIS D. ADJEI, J.A

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

In a land dispute from the Wassa Manso Division, the High Court, Sekondi granted a conditional interlocutory injunction restraining interference with 1,392 farmers’ farmlands and directed a survey to map their holdings against land the 1st defendant Chief intended to lease to corporate defendants. The 1st defendant appealed. Writing for the Court of Appeal, Dennis Adjei JA held that an injunction cannot lie over land whose identity is uncertain; the pleadings and affidavits failed to describe the location, boundaries or extent of the farms, and even the trial judge acknowledged non-identification by ordering surveying. The court reaffirmed American Cynamid and Vanderpuye that a ‘prima facie case’ is not the test for interim relief. It also refused to entertain new grounds argued without leave and condemned premature entries of appearance. The appeal was allowed and the injunction and consequential orders were set aside.

JUDGMENT