BLUE SKIES GHANA LTD vs. JONATHAN ODOI, EMMANUEL ODOI AND JONATHAN ANKRAH

The plaintiff/respondent, Blue Skies Ghana Ltd, claimed title to approximately 15.03 acres of land at Nsumia near Nsawam, said to have been granted to it in 2004 by the Oprotee Odum family of Kwateman Adjen Kotoku and registered in 2005. It asserted that it had fenced the land, put up an uncompleted structure, and remained in peaceful possession until 2013 when, upon attempting to commence construction of a factory, members of the defendants’ family and their agents allegedly drove its workers away. The plaintiff therefore sued for declaration of title, perpetual injunction and damages for trespass, and applied for an interlocutory injunction to restrain interference pending trial. This is drawn from the opening factual narrative of the judgment beginning: “The brief facts of the case is that the plaintiff sued for declaration of title…” and continuing through the description of the alleged interference and reliefs sought.

SOWAH, J.A: In this judgment the parties will be referred to by their designations at the trial court. Upon an application brought by the plaintiff/respondent herein, the trial High Court in a Ruling delivered on 25th June 2014 made an interlocutory injunction order against the defendants who are the appellants herein. The Order which related to the parcel of land in dispute was made subject to an undertaking by the plaintiff to pay damages to the defendants should it turn out at the final determination of the suit that she was not entitled to the Order. The brief facts of the case is that the plaintiff sued for declaration of title to a parcel of land approximately 15.03 acres situate at NSUMIA near Nsawam said to have been granted to the company in 2004 by the Oprotee Odum family of Kwateman Adjen Kotoku and duly registered. The plaintiff stated that she had constructed a fence wall and an uncompleted structure and had enjoyed peaceful possession until 2013 when it decided to c...