Lennox Baissie Fiifi Vrs Michael Etsiwah [2022] GHACC 47 (17 October 2022)

Lennox Baissie Fiifi Vrs Michael Etsiwah [2022] GHACC 47 (17 October 2022)

Neither party demonstrated a legal right to the land in dispute warranting protection by interlocutory injunction; applicant failed to provide documentary evidence of ownership, and equities favour dismissal of the application.

Citation
[2022] GHACC 47
Parties
Plaintiff/respondent: Lennox Baissie Fiifi; Defendant/applicant: Michael Etsiwah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 October 2022
Procedural Posture
Civil / Interlocutory Application (injunction)
Outcome
application dismissed
Legal Topics
Interlocutory Injunction, Ownership of Land, Burden of Proof
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Ownership of Land Burden of Proof

Case Brief

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Parties

Lennox Baissie Fiifi

Plaintiff/respondent

Michael Etsiwah

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application (injunction)

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from dealing with the disputed land
  2. 2 Whether either party has demonstrated a legal right to the land warranting protection by injunction

Ratio Decidendi

Neither party demonstrated a legal right to the land in dispute warranting protection by interlocutory injunction; applicant failed to provide documentary evidence of ownership, and equities favour dismissal of the application.

Court Disposition

application dismissed

Orders

  • application for interlocutory injunction is dismissed