THE BOARD OF GOVERNORS OF EBENEZER SENIOR HIGH SCHOOL VRS ATTORNEY GENERAL & ANOR. (LD/0046/2024) [2024] GHAHC 200 (27 March 2024)

The Plaintiff failed to demonstrate a greater hardship on the balance of convenience, and the land is State land required for a public project; thus, an injunction against the Government is not justified at this stage.

Citation: THE BOARD OF GOVERNORS OF EBENEZER SENIOR HIGH SCHOOL VRS ATTORNEY GENERAL & ANOR. (LD/0046/2024) [2024] GHAHC 200 (27 March 2024)
Parties: Plaintiff/applicant: The Board of Governors of Ebenezer Senior High School; Defendant/respondent: Attorney General; Defendant/respondent: The Municipal Chief Executive of Ablekuma West Municipal Assembly
Court: ghahc
Jurisdiction: Ghana
Judgment Date: 27 March 2024
Procedural Posture: Application for Interlocutory Injunction / Ruling on Interlocutory Application
Outcome: Application for interlocutory injunction dismissed
Legal Topics: Interlocutory Injunction, Adverse Possession, State Lands, Balance of Convenience
Source Language: eng

Land Law Civil Procedure Interlocutory Injunction Adverse Possession State Lands Balance of Convenience

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Parties

The Board of Governors of Ebenezer Senior High School

Plaintiff/applicant

Attorney General

Defendant/respondent

The Municipal Chief Executive of Ablekuma West Municipal Assembly

Defendant/respondent

Procedural Posture

Application for Interlocutory Injunction / Ruling on Interlocutory Application

Legal Issues

1 Whether the Plaintiff is entitled to an interlocutory injunction restraining the Defendants from interfering with the subject land pending determination of the suit
2 Whether adverse possession can be exercised over State land

Ratio Decidendi

Court Disposition

Application for interlocutory injunction dismissed