[2014]DLSC5474 • March 26, 2014 • Supreme Court •
NANA YAW OWUSU AND 2 OTHERS vs. HYDRAFORM ESTATES LTD
The respondents purchased four plots of land from Ranas Odoi Freeman, relying on a 2002 High Court judgment and an indenture from the Nungua Stool. They developed the land but were confronted by the appellant, who claimed ownership based on a 1994 lease agreement registered at the Lands Registry. The appellant contended the vendor had no title and that the 2002 default judgment was set aside in 2006. The respondents sued for a perpetual injunction to restrain interference with their possession.
read moreANIN YEBOAH, JSC: The plaintiffs/appellants/respondents herein who (shall be referred to in this judgment as the respondents) instituted an action against the defendant/respondent/appellant herein who (shall be referred to in this judgment as the appellant). By their writ of summons sealed on the 7th of October 2008, the respondents claimed against the appellant 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 defendant on the recent authority of ROCKSON V ILIOS SHIPPING CO. SA and WILTEX LTD [2010] SCGLR 341 which affirmed this court’s previous decision in R v High Court, Tema; Ex PARTE OWNERS OF MV ESSO SPIRIT (DARYA SHIPPING S.A INTERESTED PARTY)...