Mensah V Torzi & Another [2023] GHACC 8 (25 April 2023)

Plaintiff's claim is not frivolous or vexatious and he has established a legal or equitable right requiring protection by maintaining the status quo until final determination; thus, an injunction is warranted against both parties.

Citation: [2023] GHACC 8
Parties: Plaintiff/applicant: Daniel Ahene Mensah; Defendants/respondents: Godfred Torzi & Anor
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 25 April 2023
Procedural Posture: Civil / Interlocutory Application for Injunction
Outcome: interlocutory injunction granted against both parties
Legal Topics: Interlocutory Injunction, Title to Land, Preservation of Status Quo
Source Language: English

Land Law Civil Procedure Interlocutory Injunction Title to Land Preservation of Status Quo

Case Brief

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Parties

Daniel Ahene Mensah

Plaintiff/applicant

Godfred Torzi & Anor

Defendants/respondents

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

1 Whether the plaintiff/applicant is entitled to an interlocutory injunction restraining the defendants from developing or alienating the disputed land until final determination of the suit

Ratio Decidendi

Court Disposition

interlocutory injunction granted against both parties

Orders

Both parties, their servants, agents, privies, successors, contractors, workmen and all claiming through them are restrained from developing or interfering with the land until determination of the case.
Plaintiff to sign an undertaking to bear cost of damages defendants may incur if the case is determined in their favour.