Hamoui Vrs Samanpa and Others [2023] GHAHC 110 (1 March 2023)

IN THE HIGH COURT OF JUSTICE, GHANA LAND DIVISION (COURT 11), LAW COURT COMPLEX HELD IN ACCRA ON WEDNESDAY, THE 1ST DAY OF MARCH, 2023 BEFORE HIS LORDSHIP JUSTICE AMOS WUNTAH WUNI BILAL FAYEZ HAMOUI … PLAINTFF SUIT LD/0084/2023 VRS 1. SARAH SAMANPA 2. SAMUEL ADJEI MENSAH 3. MICHAEL ADJEI DEFENDANT RULING I have heard both Counsel and read the Affidavit filed in Support of the instant application for Interlocutory Injunction as well as the Statement of Case. It is trite learning that the court’s power to grant an interlocutory injunction, in Ghana, is circumscribed and regulated by Order 25 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) and thankfully the Ghanaian legal landscape is replete with clear and authoritative pronouncements by our Apex Court on when, why, how and who may be granted an order of interlocutory injunction. Some notable reported decisions handed down, in recent times, by the Apex Court in respect of interlocutory injunctions include:  Owusu vs. Owusu Ansah & Anor. [2007-2008] 2 SCGLR 870;  18th July Ltd vs. Yehans International Ltd [2012] 1 SCGLR 167;  Welford Quarcoo vs. Attorney General & Anor. [2012] 1 SCGLR 259 and  Kojach Ltd vs. Multichoice Ghana Ltd [2013-2014] 2 SCGLR 1494 On the authorities, it is settled that the grant of an application for interlocutory injunction, although discretionary must be carefully considered in the light of the Pleadings and Affidavit evidence before the Court. The authorities are also unanimous that the Court is not called upon to embark on a voyage of discovery to establish which party has better title to the land in dispute at this stage. See Punjabi Brothers vs. E & J Namih (1958) 3 WALR 381. As a Court of Equity, the instant application for interlocutory injunction seeking to restrain both parties until the final determination of this suit is in the right direction; more so when the lawyers for the Parties agree that there is a serious question to be tried and there are rights to be protected. It therefore accords with sound reasoning that it is just and convenient for the Court to grant the Application. Accordingly, it is hereby ordered that both parties, their agents, workers, principals, whomsoever or otherwise howsoever described including their deployed land guards be and are hereby restrained from interfering with the disputed land pending the final determination of this suit. Suit is adjourned to 7th March, 2023 at 9:00 a.m. COUNSEL: PAA JOY AKUAMOAH BOATENG WITH PATRICK KOJO YAMOAH AND JOHN DZEHA FOR THE PLAINTIFF PRESENT RICHARD LAAPO FOR THE DEFENDANTS ABSENT (SGD.) AMOS WUNTAH WUNI (J) JUSTICE OF THE HIGH COURT