[2025]DLSC18362 • February 26, 2025 • Supreme Court •
NAIRAY ESTATE DEVELOPMENT vs. MOHAMMED ISMAIL
The plaintiff, Nairay Estate Development, claimed ownership of a 0.50-acre parcel of land at Roman Ridge, Accra, tracing title to a 2014 lease from the Nii Odoitso Odoi Kwao family. The plaintiff alleged lawful possession since 2014, including renovations and peaceful use. The defendant, Mohammed Ismail, admitted entering the land but claimed ownership through a Vesting Assent to Madam Phyllis Akyea Djamson and a subsequent Deed of Assignment to himself. The defendant demolished buildings on the land and replaced the gate, prompting the plaintiff to seek interlocutory injunction to restrain interference pending final determination.
read moreJUDGMENT KWOFIE JSC: This appeal has been launched against the judgment of the Court of appeal dated 16th November 2023 which affirmed a ruling of the trial High Court Accra. The trial High Court had on 19-7-2022 granted an application for an order of interlocutory injunction pending the final determination of the substantive suit. An appeal by the defendant/appellant/appellant to the Court of Appeal was dismissed on the 16th November, 2023. This Honourable Court is called upon to decide whether the Court of Appeal erred in affirming the trial court’s ruling. The facts which provoked the appeal in this case are not in dispute. By a Writ of Summons filed on 9th March 2022, the Plaintiff/respondent/respondent (hereinafter referred to as the plaintiff claimed against the defendant/appellant/appellant) (hereinafter referred to as the defendant) the following reliefs: a) A declaration that the plaintiff is the owner of all that piece or parcel of land situate lying and being at Rom.....