MOKAB COMPANY GH. LTD. vs. BRAGHA CONSTRUCTION CO. LTD.

The appellant, Mokab Company Ghana Ltd., and the respondent, Bragha Construction Co. Ltd., entered into a partnership agreement dated 17/8/2010 to jointly purchase and develop a 30.11-acre land behind the Trade Fair site. They established B & M Company Ltd. to hold title to the land and manage proceeds from sales. The appellant contributed GH¢450,000 (50%) plus an additional 25% share due to the respondent's failure to pay its share, raising appellant's interest to 75%. The respondent allegedly failed to transfer the land title to B & M Co. Ltd., sold portions of the land without consent, and did not account for proceeds. The appellant sought specific performance, damages, and an interlocutory injunction to restrain the respondent from dealing with the land pending trial. The respondent denied the claims, asserted prior leasehold interest, alleged fraud by the appellant, and counterclaimed for declarations and reimbursement of expenses.

MARIAMA OWUSU, J.A On 18th July, 2012, the High Court, Accra, refused the plaintiff/appellant company's application for interlocutory injunction seeking to restrain the defendant/respondent company either by itself, privies, through its officers, workers, agents, servants, assigns, etc. from entering, using, developing, selling, assigning, allocating or dealing in any manner whatsoever with any portion or all that piece of land being the subject matter of this suit, pending the final determination of this suit. Dissatisfied with the decision of the High Court, the plaintiff/appellant appealed to the Court of Appeal on the following ground: "That the ruling is against the weight of evidence adduced in support of the application and the decision is manifestly unfair against the plaintiff" Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case. By its writ of summons, the plaintiff company claimed against the defe...