JOSEPH BANDOH vs. NANA ANTWI ABAA

IRENE C DANQUAH JA This is an interlocutory appeal from the ruling of the High Court, Kumasi, dated October 13, 2009 which refused the plaintiff’s application for an interlocutory injunction to restrain the defendant, his agents, assigns, workmen/employees, servants and all who claim through or under him from going unto the land, which is the subject matter of the suit, and or adverse to the interest of the plaintiff. The facts of the case, from the pleadings, are straight forward. The plaintiff averred that he acquired a plot of land situated at Sepasi, in the Ashanti Region, from the Government of Ghana and a lease was executed on February 2, 1983 to that effect. The plaintiff thereafter took possession of the land and constructed two bedrooms and 5 pens for his birds and also cultivated mixed crops on a portion of the land. In the early part of the year 2009 and after being in occupation for a period of not less than sixteen (16) years, the defendant subsequently trespassed .....