[2024]DLCA17663 • March 25, 2024 • Court of Appeal
JOHN ADDAE vs. MARTIN KWAKU ASAMOAH & ANO.
The appellant (John Addae) entered into a contract for sale with the 1st respondent (Martin Kwaku Asamoah) for a plot of land measuring 0.18 acres near Adum Railways, Kumasi, agreeing on a price of GH¢200,000 with an initial payment of GH¢30,000 to secure lease renewal. The 1st respondent was to secure a 50-year lease extension before final payment and transfer. However, the 1st respondent later sold the land to the 2nd respondent. The appellant resisted this, claiming a binding contract and prior interest. The 2nd respondent claimed to be a bona fide purchaser without notice of the prior contract. The High Court dismissed the appellant's interlocutory injunction application to restrain the 2nd respondent from interfering with the land.
read moreJUDGMENT MENSAH-DATSA, JA. This is an interlocutory appeal by the Plaintiff /Appellant (hereinafter referred to as Appellant) against the ruling of the High Court, Kumasi dated 25th July, 2023 dismissing the Plaintiff/Appellant’s application for interlocutory injunction in favour of the Defendants /Respondents (hereinafter referred to as Respondents). The grounds of appeal are stated on page 51 of the Record of Appeal as follows: i. The trial Judge erred in the exercise of his discretion to dismiss the injunction application by failing to recognize and take into account the fact that Plaintiff/Applicant has acquired legitimate interest in the subject land which interest requires protection by the Court. ii. The Ruling is against the weight of evidence on record. iii. Additional grounds may be filed upon receipt of the Record of Proceedings. No additional grounds of appeal were filed by the Appellant. The reliefs sought from the Court of Appeal are: a. An order allowing the .....