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NANA YAW OWUSU, PAUL NYANTAKYI AND MADAM ELLEN MENSAH
V.
HYDRAFORM ESTATES LTD

(2014) JELR 66735 (SC)

Supreme Court 26 Mar 2014 Ghana
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- The plaintiffs (respondents) filed a lawsuit against the defendant (appellant) seeking a perpetual injunction to prevent interference with their land. - The writ of summons did not include a substantive relief known in law, but the defect

Case Details

Suit Number:CIVIL APPEAL NO. J4/62/2013
Judges:OWUSU (MS.) JSC (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE BONNIE JSC, GBADEGBE JSC
Counsel:HON. J. AYIKOI OTOO WITH HIM DR. ARISTOTLE KOTEY FOR THE PLAINTIFFS /APPELLANTS/ RESPONDENTS; EDWARD SAM CRABBE ESQ. WITH HIM NATASHA LAMPTEY FOR THE DEFENDANT /RESPONDENT/ APPELLANT

ANIN YEBOAH, JSC:

The plaintiffs/appellants/respondents herein who (shall be referred to in this judgment as the respondents) instituted an action against the defendant/respondent/appellant herein who (shall be referred to in this judgment as the appellant). By their writ of summons sealed on the 7th of October 2008, the respondents claimed against the appellant only one relief as follows:

“Perpetual injunction restraining the defendant company, its agents, assigns, servants, privies and workmen or otherwise howsoever be from interfering with the plaintiffs peaceful and quiet enjoyment and possession of their land”

It must be pointed out that the indorsement was not for any substantive relief known in law. No objection was taken by defendant on the recent authority of ROCKSON V. ILIOS SHIPPING CO. SA and WILTEX LTD [2010] SCGLR 341 which affirmed this court’s previous decision in R v. High Court, Tema; Ex PARTE OWNERS OF MV ESSO SPIRIT (DARYA SHIPPING S.A INTERESTED PARTY) [2003-2004] 2 …

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