[2024]DLCA17660 • February 29, 2024 • Court of Appeal
JOSEPH NURO vs. BERNARD KUUKYE & ANOR
The appellant and the 1st respondent both purchased the same property from the 2nd respondent, leading to a dispute over ownership. The appellant paid GH¢260,000.00 in a lump sum on 31st January 2023, while the 1st respondent paid GH¢230,000.00 in three installments between 20th January and 20th February 2023. Following the conflicting sales, a police investigation was initiated against the 2nd respondent for fraud. The appellant filed suit seeking declaration of title, damages for trespass, recovery of possession, and perpetual injunction. The appellant also sought an interlocutory injunction to restrain the respondents from entering or developing the property, which was denied by the High Court, prompting this appeal.
read moreJUDGMENT SUURBAAREH, JA This is an interlocutory appeal from the ruling of the High Court, Obuasi, dated 11th May, 2023. The trial Court, in his ruling, dismissed an application for interlocutory injunction filed by the Plaintiff/Appellant, seeking to restrain the Defendants/Respondents from going onto the property in dispute and undertaking any physical development thereon pending the final determination of the dispute. Aggrieved by the ruling, the Plaintiff/Appellant filed the instant appeal, on two grounds of appeal, as no further grounds have been filed. Whilst the first ground of appeal is complaining about the trial judge having wrongly exercised his discretion based on a misapprehension of facts, the other grounds is about the ruling being against the weight of the evidence. The Plaintiff/Appellant went on to set out three particulars in respect of the first ground of appeal. The parties would henceforth be called Appellant and Respondents. The facts giving rise to the ins...