Mohammed Vrs Tetteh [2023] GHAHC 112 (2 May 2023)

Mohammed Vrs Tetteh [2023] GHAHC 112 (2 May 2023)

Both parties must be restrained from dealing with the disputed land to maintain the status quo ante until final determination, as neither party's right to proceed is established at this interlocutory stage and the balance of convenience requires preservation of the property.

Citation
[2023] GHAHC 112
Parties
Plaintiff/applicant: Abdulai Mohammed; Defendant/respondent: Emmanuel Tetteh a.k.a. Papa
Court
High Court
Jurisdiction
Ghana
Judgment Date
2 May 2023
Procedural Posture
Civil Land Dispute / Interlocutory Application for Injunction
Outcome
interlocutory injunction granted against both parties
Legal Topics
Interlocutory Injunction, Status Quo, Ownership Dispute, Abuse of Process
Source Language
English
Land Law Civil Procedure Interlocutory Injunction Status Quo Ownership Dispute Abuse of Process

Case Brief

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Parties

Abdulai Mohammed

Plaintiff/applicant

Emmanuel Tetteh a.k.a. Papa

Defendant/respondent

Procedural Posture

Civil Land Dispute / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from dealing with the disputed land pending determination of the suit
  2. 2 Whether the application constitutes an abuse of court process

Ratio Decidendi

Both parties must be restrained from dealing with the disputed land to maintain the status quo ante until final determination, as neither party's right to proceed is established at this interlocutory stage and the balance of convenience requires preservation of the property.

Court Disposition

interlocutory injunction granted against both parties

Orders

  • Both parties, their privies, assigns, agents, workmen and all persons working through them are restrained from dealing or interfering with the land in dispute in any way until the final determination of the suit.