ALHAJI MUMUNI V. AKUA SERWAA NYAMEKYE, YAA TENEWAA, LANDS COMMISSION, REGISTRAR, LANDS COMMISSION AND EXECUTIVE SECRETARY, LANDS COMMISSION

My lords and respectful brethren, the question for our determination in this appeal turns on whether the decision of the Court of Appeal in upholding the plaintiff’s writ was in accordance with the settled practice of the court and also whether there were legitimate grounds for the Court of Appeal to reverse the decision of the trial court on the disputed questions of fact? In this delivery, the parties will conveniently be referred to by the designation which they bore in the trial court. As the question raised by the appellant concerning the validity of the writ affects the jurisdiction of the trial court in the matter, I would turn my immediate attention to it. I have carefully considered the respective briefs of the parties to the appeal herein and the record of appeal before us and have reached the conclusion that as the right of the plaintiff to the order of perpetual injunction was resisted by the 2nd defendant who also counterclaimed for a declaration of title to the dispu.....