Adabanka Vrs Agau [2023] GHAHC 93 (17 March 2023)

Adabanka Vrs Agau [2023] GHAHC 93 (17 March 2023)

Plaintiff's legal and equitable right in the land is not disputed, and Defendant does not deny entering the land or threatening repossession. Balance of convenience favors Plaintiff, as not granting the injunction would adversely affect her. Triable issues remain for trial, but interlocutory relief is warranted to preserve the status quo.

Citation
Adabanka Vrs Agau [2023] GHAHC 93 (17 March 2023)
Parties
Plaintiff/applicant: Patience Abayateye Adabanka; Defendant/respondent: Kwame Agau
Court
ghahc
Jurisdiction
Ghana
Judgment Date
17 March 2023
Procedural Posture
Motion for Interlocutory Injunction / Ruling on Interlocutory Application
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Trespass, Land Dispute
Source Language
eng
Civil Procedure Property Law Interlocutory Injunction Trespass Land Dispute

Case Brief

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Parties

Patience Abayateye Adabanka

Plaintiff/applicant

Kwame Agau

Defendant/respondent

Procedural Posture

Motion for Interlocutory Injunction / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Plaintiff/Applicant is entitled to an interlocutory injunction restraining the Defendant/Respondent from dealing with the disputed land
  2. 2 Whether the Plaintiff/Applicant and her agents should be restrained from erecting a mast on the disputed land

Ratio Decidendi

Plaintiff's legal and equitable right in the land is not disputed, and Defendant does not deny entering the land or threatening repossession. Balance of convenience favors Plaintiff, as not granting the injunction would adversely affect her. Triable issues remain for trial, but interlocutory relief is warranted to preserve the status quo.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendant/Respondent, his agents, servants, workmen, privies, and any other persons are restrained from dealing with the disputed land in any manner adverse to Plaintiff's interest pending final determination.
  • Plaintiff/Applicant, her successors, agents, and workmen are restrained from erecting the mast on the disputed land pending determination of the suit.