[2014]DLSC11113 • March 26, 2014 • Supreme Court •
HYDRAFOAM ESTATES (GH) LTD vs. OWUSU (PER LAWFUL ATTORNEY) OKINE & OTHERS
The plaintiffs purchased four plots of land from Ranas Odoi Freeman, relying on a 2002 default High Court judgment in favor of Freeman, which was later set aside in 2006. The defendant company claimed ownership based on a 1994 lease agreement registered at the Lands Registry. The plaintiffs developed the land but were obstructed by the defendant's agents. The defendant contended that Freeman had no title and that the default judgment was fraudulently obtained and subsequently set aside. The plaintiffs sued for a perpetual injunction to restrain interference with their possession.
read moreANIN YEBOAH JSC delivered the judgment of the court. The plaintiffs-appellants-respondents (hereinafter referred to in this judgment) as the plaintiffs, instituted an action against the defendant-respondent appellant (hereinafter referred to in this judgment) as the defendant. By their writ of summons sealed on 7 October 2008, the plaintiffs claimed against the defendant only one relief as follows: "Perpetual injunction restraining the defendant company, its agents, assigns, servants, privies and workmen or otherwise howsoever be from interfering with the plaintiffs' peaceful and quiet enjoyment and possession of their land." It must be pointed out that the indorsement was not for any substantive relief known in law. No objection was taken by the defendant, on the recent authority of Rockson v Jlios Shipping Co SA & Wiltex Ltd [201O] SCGLR 341, which affirmed this court's previous decision in Republic v High Court, Terna; Ex parte Owners of MV Esso Spirit (Darya Shipping SA Inter....