Welentsi Vrs Celebrity Golf and Holiday and Another [2023] GHAHC 75 (11 July 2023)

The 1st defendant/applicant has demonstrated equitable and legal rights in the disputed land which ought to be protected, and the balance of convenience favors granting the interlocutory injunction to prevent irretrievable harm.

Citation: [2023] GHAHC 75
Parties: Plaintiff/respondent: Oboade Notse King Prof. Odaifio Welentsi (II); 1st Defendant/applicant: Celebrity Golf and Holiday Resort Limited; 2nd Defendant/applicant: Robert Tandoh
Court: High Court
Jurisdiction: Ghana
Judgment Date: 11 July 2023
Procedural Posture: Civil / Ruling on Motion for Interlocutory Injunction
Outcome: application granted
Legal Topics: Interlocutory Injunction, Land Ownership, Ramsar Site, Balance of Convenience
Source Language: English

Land Law Civil Procedure Interlocutory Injunction Land Ownership Ramsar Site Balance of Convenience

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Parties

Oboade Notse King Prof. Odaifio Welentsi (II)

Plaintiff/respondent

Celebrity Golf and Holiday Resort Limited

1st Defendant/applicant

Robert Tandoh

2nd Defendant/applicant

Procedural Posture

Civil / Ruling on Motion for Interlocutory Injunction

Legal Issues

1 Whether the defendants/applicants are entitled to an interlocutory injunction restraining the plaintiff/respondent from interfering with the disputed land
2 Whether the balance of convenience favors the grant of the injunction

Ratio Decidendi

Court Disposition

application granted

Orders

Plaintiff/respondent, his agents, successors in title, servants, privies, hirelings and workmen are restrained from interfering, encroaching upon, alienating or dealing with the land described in the schedule pending determination of the suit.
No order as to cost.