Samuel Kwasi Dwamena Vrs Alex Ndede [2022] GHACC 48 (16 November 2022)

Samuel Kwasi Dwamena Vrs Alex Ndede [2022] GHACC 48 (16 November 2022)

Given the conflicting claims of ownership and the evidence that the applicant's land certificate does not cover the entire disputed land, the interests of justice require preservation of the status quo ante. Both parties are restrained from dealing with the land until final determination to avoid irreparable harm and multiplicity of suits.

Citation
[2022] GHACC 48
Parties
Plaintiff/applicant: Samuel Kwasi Dwamena (suing per his lawful attorney Francis Johnson Kwesi Nti); Defendant/respondent: Alex Ndede
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 November 2022
Procedural Posture
Civil Land Dispute / Ruling on Interlocutory Injunction Application
Outcome
Interlocutory injunction granted in part; both parties restrained from dealing with the land pending determination of the suit.
Legal Topics
Interlocutory Injunction, Ownership of Land, Preservation of Status Quo
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Ownership of Land Preservation of Status Quo

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Samuel Kwasi Dwamena (suing per his lawful attorney Francis Johnson Kwesi Nti)

Plaintiff/applicant

Alex Ndede

Defendant/respondent

Procedural Posture

Civil Land Dispute / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from dealing with the disputed land pending determination of the suit
  2. 2 Whether the applicant has demonstrated a legal or equitable right to be protected by injunction
  3. 3 Whether the status quo should be preserved to avoid irreparable harm

Ratio Decidendi

Given the conflicting claims of ownership and the evidence that the applicant's land certificate does not cover the entire disputed land, the interests of justice require preservation of the status quo ante. Both parties are restrained from dealing with the land until final determination to avoid irreparable harm and multiplicity of suits.

Court Disposition

Interlocutory injunction granted in part; both parties restrained from dealing with the land pending determination of the suit.

Orders

  • All parties, their servants, agents, assigns, workmen and privies are restrained from doing anything on the land in dispute, including building, sale or otherwise, until final determination of the action.