JULIUS KWAKU OFORI vs. THEOPHILUS ANKAMA ARYEE

AGYEMANG, JA: In this appeal against the ruling of the High Court (Land Division) Accra, the plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the appellant), seeks the setting aside of the ruling of the learned trial judge, as well as the grant of an interlocutory injunction in favour of the appellant against the defendant/respondent (hereafter referred to alternately as the defendant, or the respondent). The matters that have given rise to the appeal are as follows: The plaintiff commenced an action against the defendant claiming inter alia, a declaration of title to “all that piece or parcel of land situate, lying and being at Kwabenya Accra containing an approximate area of 0.317 acres…”(was more particularly described and delineated in a plan attached to the writ of summons); recovery of possession, and damages for trespass. After the parties filed their pleadings, the plaintiff brought an application for an interlocutory injunction which was st...