Dodoo Vrs Strec Social Inclusion [2023] GHAHC 327 (18 April 2023)

Dodoo Vrs Strec Social Inclusion [2023] GHAHC 327 (18 April 2023)

Since the respondents have already completed construction on the land and the applicant seeks to restrain further construction, the injunction is unnecessary. The respondents must undertake to bear any costs or expenses the applicant may incur should he succeed in the litigation.

Citation
[2023] GHAHC 327
Parties
Plaintiff/applicant: Seth Nii Dodoo; 1st Defendant/respondent: Strec Social Inclusion Foundation; 2nd Defendant/respondent: Roland Uyirefe Osahenvemwen
Court
High Court
Jurisdiction
Ghana
Judgment Date
18 April 2023
Procedural Posture
Civil / Interlocutory Application for Injunction
Outcome
application dismissed
Legal Topics
Interlocutory Injunction, Possession of Land, Irreparable Harm, Balance of Convenience
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Possession of Land Irreparable Harm Balance of Convenience

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Parties

Seth Nii Dodoo

Plaintiff/applicant

Strec Social Inclusion Foundation

1st Defendant/respondent

Roland Uyirefe Osahenvemwen

2nd Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondents from trespassing and interfering with the applicant’s land pending determination of the suit

Ratio Decidendi

Since the respondents have already completed construction on the land and the applicant seeks to restrain further construction, the injunction is unnecessary. The respondents must undertake to bear any costs or expenses the applicant may incur should he succeed in the litigation.

Court Disposition

application dismissed

Orders

  • Respondents to undertake to bear any cost or expense the applicant may incur should he succeed in the litigation.
  • No order as to costs.