Otabel Vrs Tema Development Corporation [2023] GHAHC 70 (17 July 2023)

It is just and equitable to restrain both parties from interfering with the subject land by way of demolishing, constructing, or alienating it pending determination of the suit.

Citation: [2023] GHAHC 70
Parties: Plaintiff/applicant: Grace Otabil; Defendant/respondent: Tema Development Corporation
Court: High Court
Jurisdiction: Ghana
Judgment Date: 17 July 2023
Procedural Posture: Civil / Ruling on Interlocutory Injunction
Outcome: Interlocutory injunction granted restraining both parties from interfering with the land pending determination of the suit.
Legal Topics: Interlocutory Injunction, Land Ownership, Title to Land
Source Language: English

Land Law Civil Procedure Interlocutory Injunction Land Ownership Title to Land

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2

Parties

Grace Otabil

Plaintiff/applicant

Tema Development Corporation

Defendant/respondent

Procedural Posture

Civil / Ruling on Interlocutory Injunction

Legal Issues

1 Whether the Plaintiff/Applicant has demonstrated legal or equitable right in the disputed land
2 Whether the balance of convenience favours granting the injunction
3 Whether the Plaintiff/Applicant can be compensated by damages if the injunction is not granted and she succeeds at trial

Ratio Decidendi

It is just and equitable to restrain both parties from interfering with the subject land by way of demolishing, constructing, or alienating it pending determination of the suit.

Court Disposition

Interlocutory injunction granted restraining both parties from interfering with the land pending determination of the suit.

Orders

Both parties restrained from demolishing, constructing, or alienating the subject land or any part thereof pending determination of the suit.
No order as to costs.