[2025]DLHC18430 • June 9, 2025 • High Court
LOSAMILLS CONSULT LIMITED vs. UNIBAK GHANA LTD (UNDER THE RECEIVERSHIP OF NII AMANOR DODOO)
The plaintiff, Losamills Consult Limited, claimed ownership of a 0.87-acre leasehold land at Ridge Residential Area, Accra, based on a Deed of Assignment dated 6th August 2014 from the defendant, Unibak Ghana Ltd. The plaintiff alleged that the defendant and its agents unlawfully entered the land and demolished structures, and attempted to create third-party rights. The defendant denied the plaintiff's possession claims, asserting it acquired the land from Starlife Assurance Company Limited in 2014 and subsequently assigned its interest to the Bank of Ghana in 2024. Both parties acknowledged the existence of third-party rights on the land.
read moreRULING Order 25 r 1 (1) (3) & (4) of the High Court (Civil Procedure) Rules 2004 (CI.47) states as follows: (1) The Court may grant an injunction by an interlocutory order in all cases in which it appears to the Court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the Court considers just. (3) The applicant shall attach to the Motion paper and supporting affidavit, a Statement of Case setting out fully arguments, including all relevant legal authorities, in support of the application. (4) A respondent who desires to oppose the application shall file an affidavit in opposition as well as a Statement of Case containing full arguments and the legal authorities to be relied on. In exercising my discretion in the instant case, I will consider whether the Applicant has a right which must be protected by the court vis a vis that of the Respondent; whether there is a serious question of law to be determined by the cour...