Emmanuel Kwabena Danquah Vrs Joseph Kwasi Agyekum [2022] GHACC 43 (15 December 2022)

Emmanuel Kwabena Danquah Vrs Joseph Kwasi Agyekum [2022] GHACC 43 (15 December 2022)

The applicant failed to demonstrate a legal interest in the disputed land requiring protection, as the respondent holds a registered land title certificate and has made substantial developments. The balance of convenience favors the respondent, and any loss to the applicant can be compensated by damages.

Citation
[2022] GHACC 43
Parties
Plaintiff/respondent: Emmanuel Kwabena Danquah; Defendant/applicant: Joseph Kwasi Agyekum
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Civil Land Dispute / Ruling on Interlocutory Injunction Application
Outcome
Application dismissed
Legal Topics
Interlocutory Injunctions, Title to Land, Possession, Balance of Convenience
Source Language
English
Land Law Civil Procedure Interlocutory Injunctions Title to Land Possession Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Emmanuel Kwabena Danquah

Plaintiff/respondent

Joseph Kwasi Agyekum

Defendant/applicant

Procedural Posture

Civil Land Dispute / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicant has a legal interest in the disputed land warranting protection by interlocutory injunction
  2. 2 Whether the balance of convenience favors granting the injunction

Ratio Decidendi

The applicant failed to demonstrate a legal interest in the disputed land requiring protection, as the respondent holds a registered land title certificate and has made substantial developments. The balance of convenience favors the respondent, and any loss to the applicant can be compensated by damages.

Court Disposition

Application dismissed