[2017]DLCA5259 • April 27, 2017 • Court of Appeal
LARRY BLACKMORE vs. BERNARD KLUTSEY
The appellant, Larry Blackmore, claimed ownership and peaceful possession since 2002 of a parcel of land at Kwabenya, Greater Accra Region, registered under Certificate No. GA 22098. The respondent, Bernard Klutsey, was alleged to have encroached on this land by constructing a fence wall and building works. The appellant sought interlocutory injunctions to restrain the respondent from further development, citing previous High Court injunctions related to a wall and subsequent construction. The respondent denied encroachment, claiming the appellant had encroached on his land, and contended the dispute was a boundary issue between adjoining lands acquired from the same vendor.
read moreMARIAMA OWUSU, J.A.: Order 25 of the High Court (Civil Procedure) Rules, 2004, C. I. 47 deals with interlocutory injunction, interim preservation of property. Order 25 rule 1 (1) of C. I. 47 provides that: “The court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just and convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just.” On 5th August, 2015, the plaintiff/applicant/appellant (herein referred to as appellant) filed motion on notice for interlocutory injunction pursuant to order 25 rule 1 (1) of C. I. 47 seeking to restrain the defendant/respondent/respondent (herein referred to as respondent) from dealing with the land in dispute. The basis of the application was that, the High Court on 1st September, 2011 granted an interim injunction to restrain the respondent from a wall he was constructing. Subsequent to the said injunction, the respo...