TOP KINGS LTD VRS. SINO AFRICA DEV’T CO. LTD AND ANOTHER (LC/152/2022) [2023] GHAHC 602 (12 December 2023)

TOP KINGS LTD VRS. SINO AFRICA DEV’T CO. LTD AND ANOTHER (LC/152/2022) [2023] GHAHC 602 (12 December 2023)

Both parties derive title from the Nungua Stool and have produced subleases with overlapping signatories. There is a genuine dispute as to entitlement, and the status quo must be maintained pending a determination on the merits. Neither party has conclusively demonstrated exclusive possession. Both parties are restrained from developing the land until a composite plan is prepared and submitted to the court.

Citation
[2023] GHAHC 602
Parties
Plaintiff/applicant: Top Kings Ltd; 1st Defendant/respondent: Sino Africa Dev’t Co. Ltd; 2nd Defendant/respondent: Lands Commission
Court
High Court
Jurisdiction
Ghana
Judgment Date
12 December 2023
Case Number
LC/152/2022
Procedural Posture
Civil Land Dispute / Ruling on Interlocutory Injunction Application
Outcome
Motion for injunction granted in part
Legal Topics
Interlocutory Injunction, Title to Land, Registration of Land, Possession of Land
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Title to Land Registration of Land Possession of Land

Case Brief

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Parties

Top Kings Ltd

Plaintiff/applicant

Sino Africa Dev’t Co. Ltd

1st Defendant/respondent

Lands Commission

2nd Defendant/respondent

Procedural Posture

Civil Land Dispute / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the Plaintiff/Applicant is entitled to an interlocutory injunction restraining the Defendants from interfering with the disputed land pending determination of the suit
  2. 2 Whether the status quo should be maintained until the merits of the case are determined

Ratio Decidendi

Both parties derive title from the Nungua Stool and have produced subleases with overlapping signatories. There is a genuine dispute as to entitlement, and the status quo must be maintained pending a determination on the merits. Neither party has conclusively demonstrated exclusive possession. Both parties are restrained from developing the land until a composite plan is prepared and submitted to the court.

Court Disposition

Motion for injunction granted in part

Orders

  • Both parties to submit respective site plans and survey instructions to the court registry by 3rd January 2024 for onward transmission to the Survey and Mapping Division of the Lands Commission to determine the area in dispute and ownership of structures.
  • Both sides are restrained from undertaking any development on any portion of the disputed land until the composite plan is received by the court.