Nana Nkrumah Bediako -vrs- Agri Cattle Lakeside Estate Ltd. & Another [2022] GHACA 48 (15 December 2022)

Nana Nkrumah Bediako -vrs- Agri Cattle Lakeside Estate Ltd. & Another [2022] GHACA 48 (15 December 2022)

The Plaintiff/Applicant's claim is not frivolous and is supported by land title certificates conferring indefeasible title. There is a serious issue to be tried, and the balance of convenience favors preserving the status quo by restraining both parties from the land pending trial. Any damages suffered by the Defendant can be compensated if the Plaintiff fails at trial.

Citation
[2022] GHACA 48
Parties
Defendant/appellant: Nana Nkrumah Bediako; 1st Plaintiff/respondent: Agri-Cattle Lakeside Estate Ltd.; 2nd Plaintiff/respondent: Mohammed Najeed
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Civil Appeal / Interlocutory Appeal Against High Court Ruling on Interlocutory Injunction
Outcome
Appeal dismissed
Legal Topics
Interlocutory Injunctions, Title to Land, Trespass, Balance of Convenience
Source Language
English
Land Law Civil Procedure Interlocutory Injunctions Title to Land Trespass Balance of Convenience

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Parties

Nana Nkrumah Bediako

Defendant/appellant

Agri-Cattle Lakeside Estate Ltd.

1st Plaintiff/respondent

Mohammed Najeed

2nd Plaintiff/respondent

Procedural Posture

Civil Appeal / Interlocutory Appeal Against High Court Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the trial judge erred in granting an interlocutory injunction restraining the Defendant from the disputed land
  2. 2 Whether the Plaintiffs have a superior title to the land
  3. 3 Whether the balance of convenience and irreparable harm were properly considered

Ratio Decidendi

The Plaintiff/Applicant's claim is not frivolous and is supported by land title certificates conferring indefeasible title. There is a serious issue to be tried, and the balance of convenience favors preserving the status quo by restraining both parties from the land pending trial. Any damages suffered by the Defendant can be compensated if the Plaintiff fails at trial.

Court Disposition

Appeal dismissed

Orders

  • Both parties are restrained from the land pending determination of the matter
  • Plaintiff to give undertaking as to damages that may be sustained by Defendant if Plaintiff fails at trial