Domeh Vrs Mensah and 6 Others [2023] GHAHC 56 (5 February 2023)

Domeh Vrs Mensah and 6 Others [2023] GHAHC 56 (5 February 2023)

Plaintiff demonstrated protectable equitable rights in the disputed land and the balance of convenience favors granting the injunction to maintain the status quo pending trial.

Citation
[2023] GHAHC 56
Parties
Plaintiff/applicant: Ebenezer Narh Domeh; 1st Defendant/respondent: Eric Doe Mensah; 2nd Defendant/respondent: 2nd Defendant; 3rd Defendant/respondent: 3rd Defendant; 4th Defendant/respondent: 4th Defendant; 5th Defendant/respondent: 5th Defendant; 6th Defendant/respondent: 6th Defendant; 7th Defendant/respondent: 7th Defendant
Court
High Court
Jurisdiction
Ghana
Judgment Date
5 February 2023
Procedural Posture
Civil Land Dispute / Ruling on Motion for Interlocutory Injunction
Outcome
Interlocutory injunction granted in favor of Plaintiff/Applicant.
Legal Topics
Interlocutory Injunction, Title to Land, Trespass, Possession, Damages
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Title to Land Trespass Possession Damages

Case Brief

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Parties

Ebenezer Narh Domeh

Plaintiff/applicant

Eric Doe Mensah

1st Defendant/respondent

2nd Defendant

2nd Defendant/respondent

3rd Defendant

3rd Defendant/respondent

4th Defendant

4th Defendant/respondent

5th Defendant

5th Defendant/respondent

6th Defendant

6th Defendant/respondent

7th Defendant

7th Defendant/respondent

Procedural Posture

Civil Land Dispute / Ruling on Motion for Interlocutory Injunction

Legal Issues

  1. 1 Whether the Plaintiff is entitled to an interlocutory injunction restraining the Defendants from interfering with the disputed land pending determination of the suit

Ratio Decidendi

Plaintiff demonstrated protectable equitable rights in the disputed land and the balance of convenience favors granting the injunction to maintain the status quo pending trial.

Court Disposition

Interlocutory injunction granted in favor of Plaintiff/Applicant.

Orders

  • Defendants/Respondents are restrained from digging, erecting structures, changing the nature of the land, developing, leasing, or assigning the disputed land pending final determination of the suit.
  • Defendants/Respondents to pay costs of One Thousand Ghana Cedis (GH¢1,000.00) to Plaintiff/Applicant.