CYRIL MAINOO AND CYMAIN GHANA LIMITED vs. AMA ATAA & 4 ORS

The plaintiffs purchased House Number 24, North Labone Housing Estate, Accra in 2003 from some of the 45 children of the late Opanin Kwame Poku, the original owner. They paid the agreed price, took possession, and renovated the property extensively. The plaintiffs operated a business there for seven years without interference and were unaware of any pending litigation or injunctions against the property. Subsequently, the defendants, representing other children of the deceased, obtained a writ of possession executed against the plaintiffs without notifying them, leading to closure of the plaintiffs' business and financial losses. The plaintiffs challenged the execution as wrongful and sought declarations of title and injunctions against interference.

JUDGMENT DOTSE JSC:- On the 30th day of November 2022, this court by a unanimous decision allowed the appeal by the Plaintiffs/Respondents/Appellants hereafter referred to as Plaintiffs, against the Court of Appeal judgment dated 30th July 2020 which was in favour of Defendants/Appellants/Respondents hereafter, Defendants. In the circumstances, the Court of Appeal judgment of even date was set aside, and the judgment of the High Court dated 19th day of October, 2018 was restored. We now proceed to give the reasons for our decision of the 30th November 2022. Daniel Webster, a prolific American writer and commentator in his address to the Massachusetts Convention in 1820 stated as follows:- “It would seem, then, to be part of political wisdom to found government on property; and to establish such distribution of property, by the laws which regulate its transmission and alienation, as to interest the great majority of society in the protection of government.” Emphasis See “...