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JOHN DESMOND WUTOR
V.
DUKE FELIX KUMO

(2017) JELR 108501 (HC)

High Court 9 May 2017 Ghana
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- Plaintiff sought interlocutory injunction after instituting an action for declaration of title, perpetual injunction, recovery of possession, demolition of defendant’s developments on disputed land, and related reliefs. - Defendant, who

Case Details

Suit Number:SUIT NO LD/0224/2017
Judges:MERLEY WOOD, J.
Counsel:RICHMOND NUUMO SAAKA FOR PLAINTIFF/APPLICANT; MICHAEL OWUSU-AWUAH FOR DEFENDANT/RESPONDENT.

RULING

WOOD, J.

This is an Application for Interlocutory Injunction by the Plaintiff/Applicant. 

The Plaintiff on 28th February 2017, sued out a Writ of Summons with an accompanying  Statement of Claim for the reliefs of declaration of title, perpetual injunction, recovery of  possession, an order to demolish or remove any developments done on the subject land, an  order for the Defendant to pay any expenses incurred by the Plaintiff for demolishing the  structures, general damages and costs. 

The Defendant who entered appearance through his solicitors on 8th March 2017, had not  filed a statement of defence at the time the application was moved.  

The gist of the Plaintiff/Applicant’s case as per his motion paper and supporting affidavit and  statement of case is that following a grant of land in 2015, he went into immediate possession  and began constructing a dwelling house and registering the said title deeds. He avers that the  Defendant has entered part of the land and is developin…

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