BLUE SKIES GHANA LTD vs. JONATHAN ODOI, EMMANUEL ODOI AND JONATHAN ANKRAH [2015]DLCA3470

Date	2015-07-21
Suit No.	Suit No: H1/17/2015
Citation No.	[2015]DLCA3470

ADJEI J.A. (PRESIDING)

SOWAH J.A.

KWOFIE J.A.

K. AMOFA-AGYEMANG FOR PLAINTIFF/RESPONDENT

QUIST KWAFO FOR DEFENDANTS/APPELLANTS

[2015]DLCA3470
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													<main id="main" class="content" style="min-height: 60rem" >BLUE SKIES GHANA LTD<o:p></o:p>vs.<o:p></o:p>JONATHAN ODOI, EMMANUEL ODOI AND JONATHAN ANKRAH<o:p></o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>COUNSEL:<o:p></o:p>K. AMOFA-AGYEMANG FOR PLAINTIFF/RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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QUIST KWAFO FOR DEFENDANTS/APPELLANTS<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">ADJEI J.A. (PRESIDING), SOWAH
J.A., KWOFIE &nbsp;J.A. <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>SOWAH, J.A:<o:p></o:p><o:p>&nbsp;</o:p>In
this judgment the parties will be referred to by their designations at the
trial court.<o:p></o:p>Upon
an application brought by the plaintiff/respondent herein, the trial High Court
in a Ruling delivered on 25th June 2014 made an interlocutory
injunction order against the defendants who are the appellants herein. The
Order which related to the parcel of land in dispute was made subject to an
undertaking by the plaintiff to pay damages to the defendants should it turn
out at the final determination of the suit that she was not entitled to the
Order. <o:p></o:p>The
brief facts of the case is that the plaintiff sued for declaration of title to
a parcel of land approximately 15.03 acres situate at NSUMIA near Nsawam said
to have been granted to the company in 2004 by the Oprotee Odum family of
Kwateman Adjen Kotoku and duly registered. The plaintiff stated that she had constructed
a fence wall and an uncompleted structure and had enjoyed peaceful possession
until 2013 when it decided to commence constructing a proposed factory on the
land. Members of the defendants’ family and their agents had chased her workers
away. Hence plaintiff took out the writ of summons for declaration of title,
perpetual injunction and damages for trespass, among other reliefs. In her
application for interim injunction which was brought under Order 19 rule 3 and
Order 25 rule 1 of C.I. 47, the plaintiff exhibited her indenture registered in
2005 and a site plan of the land.<o:p></o:p>On
their part the defendants filed an affidavit in opposition in which it was
averred that the land was covered by a Deed of Declaration dated 12th
March 2004 which was made by their previous head of the Nii Sackey family of
Akpadebu. They averred that they had caused a site plan to be prepared which
showed that the plaintiff's registered land falls far outside the defendants
family land but the fact on the ground was that the plaintiff is physically on
the defendants land and had trespassed. In a statement of defence that was
subsequently filed, the defendants counter-claimed for declaration of title to
a parcel of land measuring 180.93 acres, recovery of possession, damages for
trespass and perpetual injunction.<o:p></o:p>In
his Ruling the trial judge considered the submissions in the respective
statements of case filed by the parties, the applicable principles and case law
and concluded that he was satisfied that a case had been made for a grant of
interlocutory injunction. However in order to safeguard the interests of the
defendants and in accordance with Order 25 rule 9 of C.I. 47, he made the Order
subject to an undertaking by the plaintiff to pay the defendants damages should
it turn out at the final determination of the suit that the Order was not
justified. <o:p></o:p>Dissatisfied
with the decision, the defendants filed this Interlocutory appeal on 7th
July 2014 seeking to set aside that Ruling. The grounds of appeal are:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
trial judge erred when he did not fully appreciate the defendants/appellants
exhibit which showed that the plaintiff’s land was different from the defendants/appellants
land.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;