Samlafo Vrs Ashiaman Municipal Assembly [2023] GHAHC 74 (31 July 2023)

Samlafo Vrs Ashiaman Municipal Assembly [2023] GHAHC 74 (31 July 2023)

Plaintiff/Applicant has demonstrated a protectable legal and equitable interest in the disputed land, complied with Section 210 of the Local Governance Act, and satisfied the conditions for grant of an interlocutory injunction. The balance of convenience favors the Plaintiff/Applicant, who would suffer irreparable harm if the injunction is not granted.

Citation
[2023] GHAHC 74
Parties
Plaintiff/applicant: Mr. Henry Doe Samlafo; Defendant/respondent: Ashaiman Municipal Assembly
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Civil / Ruling on Interlocutory Injunction
Outcome
Application for interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Statutory Compliance, Trespass, Possession of Land
Source Language
English
Civil Procedure Land Law Local Government Law Interlocutory Injunction Statutory Compliance Trespass Possession of Land

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Parties

Mr. Henry Doe Samlafo

Plaintiff/applicant

Ashaiman Municipal Assembly

Defendant/respondent

Procedural Posture

Civil / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the Plaintiff/Applicant is entitled to an order of interlocutory injunction against the Defendant/Respondent
  2. 2 Whether the Plaintiff/Applicant complied with Section 210 of the Local Governance Act 2016

Ratio Decidendi

Plaintiff/Applicant has demonstrated a protectable legal and equitable interest in the disputed land, complied with Section 210 of the Local Governance Act, and satisfied the conditions for grant of an interlocutory injunction. The balance of convenience favors the Plaintiff/Applicant, who would suffer irreparable harm if the injunction is not granted.

Court Disposition

Application for interlocutory injunction granted

Orders

  • Defendant/Respondent, whether by themselves, their servants, agents, workers, privies or otherwise, restrained from carrying out any acts of construction, unlawful entry, or disturbing Plaintiff's use and occupation of Plot No. Ash/Mkt/A/138 Ashaiman, Tema, pending determination of the suit.
  • Defendant/Respondent to pay costs of GH¢5000.00 to Plaintiff/Applicant.