ADJEI, J.A:
The Plaintiff instituted an action against the Defendant before the Circuit Court, Accra, whose offshoot has culminated in this appeal. The Plaintiff sued the Defendant in the Circuit Court, seeking inter alia, an order for the Defendant and his workmen and subjects to vacate the Plaintiff’s land and same to be surrendered to the Plaintiff, an order to restrain the Defendant and his workmen from operating washing of vehicles on the Plaintiff’s said land forthwith and, rent arrears at the prevailing prize of GH¢200 per month from 1st August, 2018 until the date the Defendant shall vacate the land. The thrust of the Plaintiff’s case was that he leased to the Defendant a land measuring 90 by 37 square feet for a period of ten years commencing from 1st August, 2008. According to the Plaintiff, the Defendant refused to vacate the land after the effluxion of the lease.
The Defendant resisted the Plaintiff’s claim in his statement of defence and asserted that the Plaintiff purported to lease the land to him when the Plaintiff was the owner. The Defendant claimed that he subsequently acquired the land from Asere Stool, the true owner of the land. During the pendency of the action, the Plaintiff filed an application for interlocutory injunction to restrain the Defendant, his agents, servants and privies from carrying on the washing of vehicles on the disputed land pending the determination of the suit. The Defendant in his affidavit in opposition resisted the application for interlocutory injunction on the grounds that his occupation on the land would not cause any permanent injury or loss to the Plaintiff in case he wins the case as one of his reliefs was for recovery of rent from the expiration of the lease to the date the Defendant vacates the land.
The Circuit Court Judge on 6th July, 2021 granted the application and restrained both parties from interfering with the land until either further orders or made or final determination of the suit. The Circuit Court Judge concluded the order for interlocutory injunction thus:
“Taking into account the circumstances of this case and hold the balance evenly between the parties, the court hereby restrains the parties, the families, assigns, privies, workmen from dealing, developing or working or conducting any activity on the land in dispute until further orders or determination of the suit. The trial will be conducted expeditiously.”
The Defendant dissatisfied with the ruling on interlocutory injunction
