K. K OFORI vs. POSITIVE DRIVE INVESTMENT, ANNAS MUSAH AND ABRAHAM MENSAH ASHONG

The Plaintiff/Appellant, K. K Ofori, initiated a suit against the 1st and 2nd Defendants for declaration of title to disputed land, damages for trespass, recovery of possession, and perpetual injunction. The 3rd Defendant, Abraham Mensah Ashong, was joined upon application. The Plaintiff claimed to have acquired the land from the Katamanso Stool in 1995, with a deed of assignment from Regimanuel Gray Co Ltd dated 24th July 2001, and held Land Title Certificate No TD 0838. The Defendants based their claim on authority from the 3rd Defendant, who asserted ownership from the Nungua Stool since 1981 and alleged to have granted portions to others. The Plaintiff had been in effective possession and developed the land, including a dwelling house and factory. The Plaintiff's application for interlocutory injunction was refused by the High Court, leading to this appeal.

AVRIL LOVELACE-JOHNSON (J.A): This is an appeal against the ruling of the High Court Accra dated 28th July 2017 by which it denied the Plaintiff/Appellant’s application for interlocutory injunction. The appeal is brought on the sole ground that the learned trial judge wrongly exercised his discretion when he dismissed the said application. On this basis, the Appellant seeks from this court an order granting the said interlocutory injunction. The background to this case is that the Plaintiff/Appellant on 23rd May 2017 issued a writ against the 1st and 2nd Defendants for declaration of title to the land in dispute, damages for trespass, recovery of possession and perpetual injunction. One Abraham Ashong applied to be joined to the suit and was so joined as the 3rd Defendant. The Plaintiff/Appellant then applied for interlocutory injunction against the Defendants which was refused, leading to the present appeal. In refusing the application, the learned trial judge stated in part as .....