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NAIRAY ESTATE DEVELOPMENT
V.
MOHAMMED ISMAIL

(2025) JELR 113254 (SC)

Supreme Court 26 Feb 2025 Ghana
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- Plaintiff claimed ownership and sought declaratory and injunctive relief over land at Roman Ridge, Accra, having acquired title by lease in 2014 and remained in possession until allegedly dispossessed by the defendant who demolished exist

Case Details

Suit Number:J4/44/2024
Judges:LOVELACE-JOHNSON JSC (PRESIDING) AMADU JSC ASIEDU JSC KWOFIE JSC DARKO ASARE JSC
Counsel:KEN S. ANKU ESQ. WITH MARCELLE WILLIAMS AND MERSHACKASIEDU- YANKEY FOR PLAINTIFF/APPLICANT/RESPONDENT/RESPONDENT. BOBBY BANSON ESQ. FOR DEFENDANT/RESPONDENT / APPELLANT/APPELLANT.

KWOFIE JSC:

This appeal has been launched against the judgment of the Court of appeal dated 16th November 2023 which affirmed a ruling of the trial High Court Accra.

The  trial  High  Court  had  on  19-7-2022  granted  an  application  for  an  order  of interlocutory injunction pending the  final  determination of the  substantive suit. An appeal by the defendant/appellant/appellant to the Court of Appeal was dismissed on the 16th November, 2023. This Honourable Court is called upon to decide whether the Court of Appeal erred in affirming the trial court’s ruling.

The facts which provoked  the appeal  in this case are not  in dispute. By a Writ of Summons filed on 9th March 2022,  the Plaintiff/respondent/respondent (hereinafter referred   to   as   the   plaintiff   claimed   against   the   defendant/appellant/appellant) (hereinafter referred to as the defendant) the following reliefs:

a)  A declaration that the plaintiff is the owner of all that piece or parcel of land situate lying …

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