GOLDEN PEACHTREE CONSTRUCTION LTD. & ANOR. VRS FRANK GYMAFI (LD/0089/2024) [2024] GHAHC 135 (16 May 2024)

GOLDEN PEACHTREE CONSTRUCTION LTD. & ANOR. VRS FRANK GYMAFI (LD/0089/2024) [2024] GHAHC 135 (16 May 2024)

Both parties have competing claims to title; neither has conclusively established ownership at this stage. To preserve the subject matter, all parties and their associates are restrained from interfering with the land pending final determination.

Citation
GOLDEN PEACHTREE CONSTRUCTION LTD. & ANOR. VRS FRANK GYMAFI (LD/0089/2024) [2024] GHAHC 135 (16 May 2024)
Parties
Plaintiff/applicant: Golden Peachtree Construction Limited; Plaintiff/applicant: Prudential Bank Limited; Defendant/respondent: Frank Gymafi
Court
ghahc
Jurisdiction
Ghana
Judgment Date
16 May 2024
Procedural Posture
Land Dispute / Interlocutory Injunction Application
Outcome
interlocutory injunction granted against all parties
Legal Topics
Injunction, Land Ownership, Title Dispute
Source Language
eng
Property Law Injunction Land Ownership Title Dispute

Case Brief

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Parties

Golden Peachtree Construction Limited

Plaintiff/applicant

Prudential Bank Limited

Plaintiff/applicant

Frank Gymafi

Defendant/respondent

Procedural Posture

Land Dispute / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the parties should be restrained from carrying out activities on the disputed land pending determination of ownership.

Ratio Decidendi

Both parties have competing claims to title; neither has conclusively established ownership at this stage. To preserve the subject matter, all parties and their associates are restrained from interfering with the land pending final determination.

Court Disposition

interlocutory injunction granted against all parties

Orders

  • All parties, their agents, assigns, workmen, representatives, guards, security guards and all persons associated are restrained from carrying out any activity or interfering with the subject matter land pending determination of the suit.