ABDULAI MOHAMMED vs. EMMANUEL TETTEH A.K.A. PAPA

RULING This Ruling is in respect of an application for interlocutory injunction filed on 18th August, 2022 by the Plaintiff/Applicant (hereafter referred to as the “Applicant”). Counsel for the Applicant moved the application in terms of the motion paper, the supporting affidavit as well as a supplementary affidavit filed on 22nd September, 2022. The Applicant contends that he is the owner of the land in dispute described in paragraph 3A of his affidavit in support. In proof of his contention, the Applicant attached a Deed of Assignment (dated 8th November 2009 and registered under the Land Registry Act, 1962 (Act 122) as Deed No. 581/2012) to his affidavit in support (as Exhibit A). It is the case of the Applicant that while preparing to commence construction of a house on the land, he detected that someone had encroached on the land. A Search conducted indicated that it was the Defendant who had started construction of some structure on the land as indicated in Exhibit D o...