[2016]DLCA7974April 14, 2016Court of Appeal

EMMANUEL NUERTEYE AKWETEY, DR. ADUMUAH BOSSMAN, RICHARD NUERTEYE NORTEY AND DINA NORTEY SENYE ODJADAMLA vs. EMMANUEL DOKU AND 26 OTHERS

KWOFIE J.A: On the 13th of June, 2013 the plaintiffs/applicants (who would be referred to in the appeal as “the plaintiffs”) filed an appeal against the ruling of the High Court Tema in which the trial Judge refused an application for interlocutory injunction filed by the plaintiffs. The brief facts of the case is that the plaintiffs sued the defendants for a declaration of title to a parcel of land approximately 3849.56 acres situate at Prampram, recovery of Possession, Damages for trespass and Perpetual Injunction. The plaintiff claimed that they had been in effective possession and occupation of the said land which was their ancestral land from time immemorial. They averred that without the authority and consent of the family, the defendants had entered their family land and carved out portions thereof to themselves and alienated portions thereof to strangers. The plaintiffs therefore brought the application for interlocutory injunction to restrain the defendants from commi...