[2024]DLCA17776 • November 7, 2024 • Court of Appeal
JOSEPH LARYEA TETTEH & ANOR vs. JUSTCREST COMPANY LTD & 3ORS.
The Plaintiffs, Joseph Laryea Tetteh and James Anang Tetteh, brought an action against the Defendants for declaratory orders concerning a disputed land at Ayimensah and damages. They alleged that the Land Title Certificate No. GA 51441 issued to the 1st Defendant was obtained by fraud and forgery, citing that a purported lease dated 2014 was executed by their deceased father who died in 2012. The Plaintiffs sought an interlocutory injunction to prevent the Defendants from developing or disposing of the land and to prevent the 5th Defendant from registering any interest in the land.
read moreJUDGMENT Ackaah-Boafo, J.A. i. Overview: [1] My Lords, the underlying action was brought by Joseph Laryea Tetteh and James Anang Tetteh (the Plaintiffs) against the above-named Defendants for declaratory orders regarding a piece of land, the subject of the dispute located at Ayimensah, and for damages. There was also an alternative claim for certain orders, including one directing the Defendants to reimburse all expenses incurred by the Plaintiffs for demolishing structures erected by the 1st to 4th Defendants, as well as for the 5th Defendant to expunge and strike from its records Land Title Certificate No. GA 51441, issued in the name of the 1st Defendant. [2] Following the issuance of the Writ of Summons, the Plaintiffs, by notice of motion dated February 28, 2018, moved for an interlocutory injunction against the 1st to 4th Defendants “from in any way developing, disposing of, dealing with, or carrying out any transaction in respect of the disputed land AND against the 5th .....