AKOTO VRS DOKU (C1I/150/23) [2023] GHACC 783 (27 November 2023)

There are serious questions of law and fact to be tried regarding title to the land, and the applicant's case is not frivolous. To hold the balance evenly and preserve the subject matter, it is just and convenient to restrain both parties from dealing with the land pending final determination.

Citation: [2023] GHACC 783
Parties: Plaintiff/applicant: Eleanor Joyce Korngo Akoto; Defendant/respondent: Johnathan Senanu Doku
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 27 November 2023
Case Number: C1I/150/23
Procedural Posture: Civil / Ruling on Interlocutory Injunction
Outcome: application for interlocutory injunction granted
Legal Topics: Interlocutory Injunction, Title to Land, Estoppel, Possessory Title
Source Language: English

Land Law Civil Procedure Interlocutory Injunction Title to Land Estoppel Possessory Title

Case Brief

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Parties

Eleanor Joyce Korngo Akoto

Plaintiff/applicant

Johnathan Senanu Doku

Defendant/respondent

Procedural Posture

Civil / Ruling on Interlocutory Injunction

Legal Issues

1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from dealing with the disputed land pending final determination of the suit
2 Whether there are serious questions of law and fact to be tried regarding title to the land
3 Whether the applicant has demonstrated an interest in the property worthy of protection

Ratio Decidendi

Court Disposition

application for interlocutory injunction granted

Orders

Both parties, their assigns, agents, privies, servants, are restrained from dealing with the land in dispute pending final determination of the suit.
Applicant to give undertaking to pay damages to respondent if required.