DR. VINCENT DANIEL ANKU vs. AKOSUA OBENEWA, STELLA GYAMFI GREEN AND JOSEPH FIANKO

The present application comes on the heels of an action instituted by the Plaintiff/Applicant, called the Applicant hereafter, against the Defendants/ Respondents, hereinafter called the Respondents. In the substantive action the Applicant is seeking a declaration of title, damages for trespass and an order for recovery of possession of a piece of land particularly described in the Writ of Summons. He is also seeking an order of perpetual injunction against the Respondents and all persons claiming by or through them. In the motion paper, the Applicant is seeking to restrain, by way of interlocutory injunction, the Respondents, their workmen, privies and assigns from working on the disputed land pending the outcome of the litigation. The motion was supported by an affidavit and a statement of case in accordance with the rules. From his depositions in support of the motion paper which are basically a recap of the averments in his statement of claim, his claim to the disputed land is ...