WILLIAM ANOKYE BOAHENE & ANOTHER vs MARY MARINA AGYEPONG

The Plaintiffs/Applicants (hereinafter referred to as “the Applicants”) caused a Writ of Summons and an accompanying Statement of Claim to be issued against the Defendant/Respondent (hereinafter referred to as “the Respondent”) on 18th July 2022 for the following reliefs:

(a) An order that the Plaintiffs are not bound by the Defendant’s judgment obtained in Suit No. LD/0855/21.

(b) An order for declaration of title to the land described as all that piece or parcel of land situate lying and being at Batsonaa in the T.M.A. District in the Greater Accra Region and containing an area of 0.17 acre (or 0.07 hectare) more or less and bounded on the North East by Lessor’s land measuring 77.1 feet more or less on the South East by Lessor’s land measuring 106.0 feet more or less on the South West by Lessor’s land measuring 67.1 feet more or less on the North West by Lessor’s land measuring 112.2 feet more or less.

(c) An order for recovery of possession

(d) General damages for trespass

(e) Perpetual injunction to restrain the Defendant and or her privies and trustees from dealing with the disputed property in any manner that may be adverse to the interest of the Plaintiffs.

(f) Cost including legal fees.

The Applicants also filed the instant motion on notice for Interlocutory Injunction seeking to restrain the Respondent and her agents or workmen from using the Judgment contained in Suit No. LD/0855/21 intituled Mary Marina Agyapong vrs. Eddy Amoah to levy execution against the Applicants until the final determination of the instant suit.

It is trite learning that, the Court’s power to grant Interlocutory Injunctions is regulated and circumscribed by Order 25 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) with the Ghanaian legal landscape being replete with a plethora of authoritative pronouncements by the Apex Court on when, why, how and who may or may not be granted an Order of Interlocutory Injunction. Indeed, notable ex cathedra pronouncements (and indicia) to guide our Courts in dealing with applications for interlocutory injunctions have been distilled from reported cases of the Ghanaian Apex Court inclusive of the following:

· 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 applicat