VICKYBANNS & COMPANY LIMITED vs WILLIAM OKOE NELSON
December 5, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE AMOS WUNTAH WUNI
Areas of Law
- Civil Procedure
- Property and Real Estate Law
December 5, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, the Plaintiff/Applicant sought interlocutory relief to restrain the Defendant/Respondent from interfering with a disputed parcel at South West McCarthy Hills/Tetegu pending trial. The Applicant’s law clerk, Edmund Quansah, swore that the Applicant acquired the land from the Gbawe Kwatei Family in 2019, executed a deed in 2020, took possession, and began preparations for development; he alleged the Respondent entered with landguards. The Respondent disputed the Gbawe Kwatei Family’s title, citing judgments placing Tetegou lands under the James Town Stool, and asserted longstanding possession since 2000, with structures since 2005. Applying Order 25 of C.I. 47 and Supreme Court guidance on interlocutory injunctions, His Lordship Justice Amos Wuntah Wuni found real issues for trial and, on the balance of convenience, refused the injunction. The Court ordered the Respondent to post an undertaking under Order 25 rule 9(1) and awarded GH¢2,000 costs against the Applicant.
The Plaintiff/Applicant (hereafter called the Applicant) filed the instant application on 26th January 2022 praying for an Order to restrain the Defendant/Respondent (hereafter called the Respondent); “whether by himself, his servants, agents, privies, hirelings, assigns or any of them howsoever described from interfering with the Plaintiff’s peaceful enjoyment of the subject matter pending the final determination of this suit upon the grounds contained in the accompanying affidavit in support and statement of case.”
This Court’s power to hear and determine an application for Interlocutory Injunction is regulated and circumscribed by Order 25 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and the Ghanaian legal landscape is replete with ex cathedra pronouncements by our Apex Court on when, why, how and who may be granted an Order of Interlocutory Injunction. Some notable decisions of the Supreme Court of Ghana which have provided guidance and indicia to our Courts in dealing with applications for interlocutory Injunctions include –
· OWUSU v OWUSU-ANSAH and Anor [2007-08] 2 SCGLR 870;
· 18TH JULY LTD v YEHANS INTERNATIONAL LTD [2012] 1 SCGLR 167;
· WELFORD QUARCOO v ATTORNEY GENERAL & Anor [2012] 1 SCGLR 259
· KOJACH LTD v MULTICHOICE (GHANA) LTD [2013-2014] 2 SCGLR 1494
On the authorities, it is settled that, the grant of an application for interlocutory injunction, although discretionary, must be carefully considered in the light of the Pleadings and affidavit evidence before the Court.
The authorities are also unanimous that, in considering an application for Interlocutory Injunction, the Court is not called upon to embark upon a judicial voyage of discovery to establish which party has better title to the land in dispute. The fundamental requirement is that, the Applicant must demonstrate that he or she has a legal or equitable interest worthy of protection by the Court; that, damages will not suffice to placate the Applicant and that, on the balance of convenience, the Applicant will suffer greater hardship and inconvenience should the application be refused.
By Order 25 Rule 1(1), the Court may grant an injunction by an interlocutory order in all cases in which it appears to the Court to be “just or convenient” so to do.
Therefore, in determining the instant application, this Court is cognizant and mindful of judicial admonishments to our courts to refrain from expressing an opinion on the merits of a case when dealing wit