[2024]DLCA17942 • May 30, 2024 • Court of Appeal
A.S. DOMDANQ & NII BORKETEYANSUADE I vs. JOSEPH ACHIAMPONG
The Plaintiffs, through the 1st Plaintiff and instrumentality of the 2nd Plaintiff, acquired land from the Jonathan Boyefio family of Nungua, evidenced by a leasehold interest executed by the Nungua Traditional Council. Upon attempting to register their leasehold interest, they discovered portions of the land were subject to prior plotted transactions in favor of CST Enterprise, linked to the Defendant. The Defendant claims a prior grant and leasehold interest dating back over two decades, including land title certificates, and has been in possession, ejecting licensees and developing the land. The Plaintiffs allege trespass and wrongful development by the Defendant, who barricaded the land and prevented their access.
read moreJUDGMENT GIFTY AGYEI ADDO JA INTRODUCTION My Lords, per the notice of interlocutory appeal filed on 20th November 2023, the Plaintiffs/Appellants appeal the ruling of the trial High Court, Tema, dated 14th of November 2023, by which their application for an order for interlocutory injunction to restrain the Defendant/Respondent, his agents, assigns, privies, workmen and all persons claiming through him from “entering, developing, disposing off operating on, trespassing” on portions of their land situate and lying at Batsonaa in the Lekma District of the Greater Accra Region, was dismissed. For ease of reference, we shall maintain the designation of the parties as in the court below, that is, the Plaintiffs and Defendant. BACKGROUND THE CASE OF THE PLAINTIFF Per the amended statement of claim against the Defendant filed on 8th of November 2023, it is the case of the 1st Plaintiff that in 2015, through the instrumentality of the 2nd Plaintiff, it acquired some land from the...