Ratio DecidendiRatio DecidendiRatio Decidendi



K. K OFORI
V.
POSITIVE DRIVE INVESTMENT, ANNAS MUSAH AND ABRAHAM MENSAH ASHONG

(2018) JELR 65352 (CA)    
Court of Appeal  ·  SUIT NO. H1/105/2018 ·  15 Nov 2018 ·  Ghana
CORAM
MARIAMA OWUSU (J.A) PRESIDING, AVRIL LOVELACE-JOHNSON (J.A), HENRY A. KWOFIE (JA)

Ratio Decidendi

Core Terms Beta
land
applicant
interlocutory injunction
learned trial judge
deed of assignment
abraham ashong
balance of hardship
case
lot of inconvenience
respondent
ability of the applicant
appellant’s application
appellate court
applicant’s statement
court of first instance
declaration of title
discretion of the judge
exercise of discretion
factory site
grant
grant lies
grant of such applications
irokko ltd factory
judicial authorities
land title certificate no td
leasehold document
legal right
legal rights
new state
others
pictures of his dwelling house
products ie door frames
protection of this court
regimanuel gray co ltd
registered owner of the land
ruling of the high court accra
said application
said co.
sole ground
stage of the development
status quo
subject matter
support of the alleged grants
uncontested status quo

JUDGMENT

AVRIL LOVELACE-JOHNSON J.A.

This is an appeal against the ruling of the High Court Accra dated 28th July 2017 by which it denied the Plaintiff/Appellant’s application for interlocutory injunction.

The appeal is brought on the sole ground that the learned trial judge wrongly exercised his discretion when he dismissed the said application. On this basis, the Appellant seeks from this court an order granting the said interlocutory injunction.

The background to this case is that the Plaintiff/Appellant on 23rd May 2017 issued a writ against the 1st and 2nd Defendants for declaration of title to the land in dispute, damages for trespass, recovery of possession and perpetual injunction. One Abraham Ashong applied to be joined to the suit and was so joined as the 3rd Defendant. The Plaintiff/Appellant then applied for interlocutory injunction against the Defendants which was refused, leading to the present appeal.

In refusing the application, the learned trial judge stated in part as fol…

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