YEHANS INTERNATIONAL LIMITED v. MARTEY TSURU FAMILY AND 18TH JULY LTD

ANIN YEBOAH, JSC

On the 30/11/2011 we dismissed the interlocutory appeal from the unanimous decision of the Court of Appeal and reserved our reasons. We now proceed to offer our reasons for the dismissal of the appeal.

The respondent herein commenced an action at the High Court, Accra on 22/12/2006 for declaration of title to a piece of land at the Light Industrial Area, Accra. As usual with actions for declaration of title, other ancillary reliefs were sought against the appellant herein. On the 30/01/2007, the respondent herein filed a motion on notice for interlocutory injunction.

In a rather terse affidavit sworn to by one Pendagrass Borketey Alabi, the respondent exhibited an indenture and Land Certificate and deposed to the fact that the respondent would change the nature of the land in dispute if not restrained by an injunction. The writ was accompanied by a statement of claim in which the respondent pleaded its root of title and long possession of the land.

The writ of summons was issued against THE DEVELOPER but appearance was entered by a solicitor who proceeded to file a statement of defence thereafter. On 6/2/2007, the defendant filed a statement of defence, traversing virtually all allegations of facts pleaded in the statement of claim. Virtually all the facts pleaded in the statement of claim were denied with a counterclaim against the respondent herein. The affidavit in opposition to the interlocutory application was equally supported by exhibits in the nature of Land Certificate and correspondence which was relied on to resist the application for interlocutory injunction.

The case attracted several interlocutory applications which we do not find it necessary in determining this appeal. When the application for interlocutory injunction was moved against the original defendant who was styled as THE DEVELOPER, His Lordship Justice Abada on the 28/2/2007 granted the application. On the 24/5/2007, however, the second defendant who is the appellant herein filed a motion on notice to vacate the order of interlocutory injunction granted on the 28/02/2007. The application was resisted by the respondent herein but was subsequently withdrawn. The respondent had on record already filed a motion on notice for interlocutory injunction to restrain the appellant herein.

The motion was moved on 24/07/2007 before the same judge and on 26/10/2007 same was granted. The appellant lodged an interlocutory appeal to the Court of Appeal on 6/11/2007. The Cour