[2011]DLSC2670 • November 30, 2011 •
YEHANS INTERNATIONAL LIMITED vs. MARTEY TSURU FAMILY
The respondent commenced an action at the High Court, Accra, seeking a declaration of title to a piece of land located at the Light Industrial Area, Accra. The respondent alleged long possession and pleaded root of title to the land. The appellant, styled as the second defendant, denied the allegations and filed a counterclaim. The respondent applied for an interlocutory injunction to restrain the appellant from changing the nature of the land. The High Court granted the injunction against the original defendant, and subsequently against the appellant. The appellant appealed the interlocutory injunction orders, but both the Court of Appeal and Supreme Court dismissed the appeals.
read moreANIN 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 ...