TRUSTEES OF SYNAGOGUE CHURCH OF ALL NATIONS (SUING PER HIS LAWFUL ATTORNEY) MR STEPHEN ODARTEI vs KWAME POKU BOAH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought an interlocutory injunction to clear the right of way and restrain the defendant from the disputed land, claiming to have bought 5.41 acres from the late David Lamptey. The defendant claimed the land size was 4.62 acres and denied participating in any fraudulent actions. The court determined that the plaintiff could not demonstrate sufficient legal or equitable interest in the land, found no prima facie evidence of fraud, and emphasized the importance of considering the balance of convenience. Consequently, the court refused the injunction and awarded costs against the plaintiff.
This is a motion on notice filed by the plaintiff coming under Order 25 rule 1 (1) of the High Court Civil Procedure Rules 2004 CI 47 praying for an order to clear the right of way and the access road to plaintiff’s land and “to restrain the defendant, his agents, privies, assigns and all those claiming through or under him or anybody at all from entering upon and doing anything further within, concerning or in respect of the plaintiff’s enclosed land or erecting any structures in whatever form or manner on the subject matter land being within and part of, and the only access road and right of way to the plaintiff’s enclosed land until the final determination of this case. ”The order the plaintiff is seeking is in two parts to wit: 1. An order to clear the right of way and the access road to plaintiff’s land.
2. To restrain the defendant, his agent etc.
from entering upon and doing anything further within the plaintiff’s enclosed land.
The basis of plaintiff’s plea can be found in his affidavit in support as follows: 3. “That somewhere in or around 2012 one David Lamptey now Deceased approached us that he has a piece of land at Pantang to sell and we as a church inspected the land which was fully walled on all the sides and expressed interest to buy same.
5 That a surveyor was mandated by and under David Lamptey’s own instructions to produce a site plan which copy we have attached herewith and marked as EXH SO1 clearly showing that he was the owner of and selling all the walled area of 5. 41 acres contained therein.
8. That after all these explanations, inspections and enquiries in the area we were satisfied that the entire walled land of 5. 41 acres in EXH SO1 belonged to him- David Lamptey which we bargained for and paid valuable consideration of (US$300, 000) THREE HUNDRED THOUSAND U. S. DOLLARS which copies of receipt of payment through his company, we have attached herewith and marked as Exhibit SO3. 9. That after payment for the land, David Lamptey (now deceased)directed us to the defendant as a Lawyer and an officer of the Lands Commission, Accra to facilitate and assist us in the documentation and registration of the land and to prepare the assignment directly from Susuana Acheampong into our name ie.
Prophet T. B. Joshua and the Synagogue Church Of All Nations.
10. That the defendant was at all material times the same person we relied on and involved in all the transactions and the documentation of the same land but unfortunately before