Kunutsor Vrs Tetteh [2008] GHACA 35 (12 June 2008)

Kunutsor Vrs Tetteh [2008] GHACA 35 (12 June 2008)

The trial judge properly exercised discretion in granting the interlocutory injunction as the plaintiff/respondent demonstrated a serious question to be tried and risk of irreparable harm, and the challenge to capacity was not properly raised as a preliminary issue at this stage.

Citation
Kunutsor Vrs Tetteh [2008] GHACA 35 (12 June 2008)
Parties
Plaintiff/respondent: Woedem Kunutor; Defendant/appellant: Adjin Tetteh & Ors.
Court
ghaca
Jurisdiction
Ghana
Judgment Date
12 June 2008
Procedural Posture
Civil Appeal / Interlocutory Appeal Against Grant of Interlocutory Injunction
Outcome
Appeal dismissed
Legal Topics
Interlocutory Injunction, Capacity to Sue, Preservation of Status Quo, Land Disputes
Source Language
eng
Civil Procedure Property Law Interlocutory Injunction Capacity to Sue Preservation of Status Quo Land Disputes

Case Brief

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Parties

Woedem Kunutor

Plaintiff/respondent

Adjin Tetteh & Ors.

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal Against Grant of Interlocutory Injunction

Legal Issues

  1. 1 Whether the trial court properly granted an interlocutory injunction restraining the defendants from activities on the disputed land
  2. 2 Whether the plaintiff/respondent had capacity to sue at the interlocutory stage

Ratio Decidendi

The trial judge properly exercised discretion in granting the interlocutory injunction as the plaintiff/respondent demonstrated a serious question to be tried and risk of irreparable harm, and the challenge to capacity was not properly raised as a preliminary issue at this stage.

Court Disposition

Appeal dismissed

Orders

  • Interlocutory injunction affirmed restraining defendants/appellants from activities on the disputed land until final determination of the suit
  • Case remitted to the trial court for continuation