THREE SAINTS FOREX BUREAU v. ROSEMARY CUDJOE
2021
COURT OF APPEAL
GHANA
CORAM
- B. F. ACKAH-YENSU, JA (PRESIDING)
- OBENG-MANU JNR., JA
- R. ADJEI FRIMPONG, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice Barbara Ackah‑Yensu authored the Court of Appeal’s judgment, with Justices Obeng‑Manu Jnr. and R. Adjei Frimpong concurring, dismissing an appeal from the High Court, Tema’s interlocutory ruling in a land dispute over property at Otinshie/East Legon. The High Court faced cross‑motions for injunction: the plaintiff company sought to restrain interference with ongoing construction, while the defendant, claiming ownership through the Osae Family of Teshie, asked to halt development. Applying Order 25 of C.I. 47 and the Welford Quarcoo standards, the Court agreed the trial judge properly balanced equities and let construction proceed at the Respondent’s own risk, noting the advanced stage, lack of proven irreparable harm to the Appellant, and the Respondent’s registered chain of title via Emmanuel Yeboah. The transfer request was refused, the interlocutory appeal was deemed moot because the buildings were completed and occupied, and the case was remitted for continuation of the trial.
ACKAH-YENSU, JA
INTRODUCTION
This appeal emanates from the ruling of the High Court, Tema dated 2nd December 2020, wherein the Defendant/Appellant’s application for an order for interlocutory injunction was dismissed.
The key question for determination in this appeal is whether on the evidence presented by the parties in the application for interlocutory injunction at the trial court, the court exercised its discretion judicially and judiciously in refusing the application with the effect that the Plaintiff/Respondent will continue to develop the land in dispute.
BACKGROUND FACTS
In the High Court, the Plaintiff/Respondent (hereinafter referred to as the “Respondent”) took out a writ of summons against the Defendant/Appellant (hereinafter referred to as the “Appellant”) for the following reliefs:
“(a) A declaration that the Plaintiff is the bonafide owner of Plot No. 63 lying and being at Otinshie-Accra, particularly described in paragraph 5 supra.
(b) An order directed at the 2nd Defendant to expunge the name of the 1st Defendant from its records as the owner of Plot NO. 63 and in his place the Plaintiff’s be inserted.
(c) Cost incidental to this suit”.
The Respondent’s case was that the Appellant was using thugs and other state security officials to harass and impede the construction works being undertaken by them on land they had acquired. For this reason, the Respondent applied ex parte for an order of interlocutory injunction against the Appellant to prevent her from disturbing Respondent’s works pending the final determination of the suit. The trial court granted a 10-day order and Respondent was directed to repeat the application on notice to the Appellant.
The case of the Respondent at the High Court was that they were the bonafide and lawful owners of all that piece of land covering a total area of 0.02 acre at Otinshie, East Legon in the Greater Accra Region and within the Tema lands District. The Appellant who purports to be claiming title to the same land through the same head grantors of the Respondent, has been harassing the Respondent-Company and its workmen, and is employing thugs to stop the Respondent from developing the said land. Respondent consequently filed an application to restrain the Appellant from interfering with the development of the said land.
The writ was contested by the Appellant in her statement of defence in which she contended that she was the owner of the land in dispute. The Appellant further contended that