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BAIDEN
V.
TANDOH AND ORS

(1989) JELR 109706 (HC)

High Court 28 Feb 1989 Ghana
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- The plaintiff sought an interim injunction to restrain the defendants and their agents from dealing with a disputed piece of land pending determination of the title suit; both parties' lands share a common, yet disputed, boundary. - Defen

Case Details

Judges:KPEGAH J.
Counsel:J. B. K. Spio for the applicant. Frank Sawyerr for the respondents.

JUDGMENT OF KPEGAH J.

This is an application for an order of interim injunction to restrain the defendants, their agents, servants and representatives “from having anything to do with the disputed land pending the final determination of this suit.” In her writ of summons, the plaintiff is seeking a declaration of title to a certain piece of land therein described. It is clear from the description that the plaintiff’s and the defendants’ family have a common boundary and the issue is where this boundary is to be fixed, or its correct position is.  

In support of her application, the plaintiff sought to rely on certain documents, including a previous judgment in favour of one Mrs Mary Brew through whom the plaintiff is claiming the disputed land. This felow, the plaintiff says is her predecessor in title and shares boundary with the defendants’ land. This explains the common  boundary between the parties. It is also admitted that the defendants have leased over 500 acres of the disputed l…

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