[2011]DLSC11118 • November 30, 2011 • Supreme Court •
18TH JULY LTD vs. YEHANS INTERNATIONAL LTD
The plaintiff, Yehans International Ltd, commenced an action at the High Court, Accra, seeking declaration of title to a piece of land at the Light Industrial Area, Accra, against the defendant, 18th July Ltd. The plaintiff alleged ownership and long possession of the land and sought ancillary reliefs including an interlocutory injunction to restrain the defendant from altering the nature of the land. The defendant denied the allegations and filed a counterclaim. The High Court granted an interlocutory injunction against the defendant, which was subsequently challenged but upheld by the Court of Appeal and later by the Supreme Court.
read moreANIN YEBOAH JSC delivered the judgment of the court. On 30 November 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 appellant-respondent herein, Yehans International Ltd (hereafter referred to as the plaintiff) commenced an action at the High Court, Accra on 22 December 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, 18th July Ltd (hereafter referred to as the second defendant). On 30 January 2007, the plaintiff filed a motion on notice for interlocutory injunction. In a rather terse affidavit sworn to by one Pendagrass Borketey Alabi, the plaintiff exhibited an indenture and land certificate and deposed to the fact that the defendant would change the nature of the land in dispute if not res...