[2017]DLCA5175 • October 25, 2017 • Court of Appeal
KOFORIDUA GUESTS HOTEL, YAW SARPONG BOATENG AND KOFI ODURO BOATENG vs. JOY INDUSTRIES LIMITED
The plaintiffs/appellants claimed ownership of plots 91 and 94 at Koforidua and alleged that the defendant trespassed on a portion of their land by drilling a borehole and opened a drinking bar causing noise nuisance disturbing their hotel guests. The defendant contended that the disputed land area was beyond the plaintiffs' leasehold boundaries and denied trespass, asserting inconsistencies in the plaintiffs' title documents and that the borehole was outside plaintiffs' land.
read moreSOWAH J.A. This is an interlocutory appeal against the Ruling of the Koforidua High Court dated 4th July 2016. In the Ruling being appealed, the trial court dismissed plaintiffs’ application seeking ‘an order of interim injunction restraining the defendant, his servants, etc from (a) developing and/or alienating any portion of the plaintiffs’ land (b) continuing to cause great nuisance and disturbing plaintiffs’ quiet enjoyment of its property until the final determination of this suit.’ Dissatisfied, the plaintiff/appellant filed a Notice of Appeal on 11th July 2016 praying that the Ruling and orders made by the trial court be set aside and for an order of interlocutory injunction. The grounds of appeal are as follows: 1. The trial High Court Judge erred in law and in fact when in the determination of an application for interlocutory injunction, he held that the plaintiff/appellants have no title to the disputed land and yet proceeded to say that the suit should take ...