Core Terms Beta
learned high court judge
grounds of appeal
exercise of its discretion
learned trial judge
ownership rights of the katamanso stool
additional grounds of appeal
balance of the equities of the parties
due publication of the application
examination of the defendants grounds of appeal
exercise of that discretion
full trial of the substantive case
further grounds of appeal
land certificate no.td
order of this court order injunction
plenary trial process
question of law
reason of his conduct
recovery of possession of all lands
respect of this case
ruling of the high court
significance of rule
such further grounds
trial court’s ruling
weight of evidence
ACKAH-YENSU, JA: This is an interlocutory appeal from the Ruling of the High Court (Land Division) Accra dated 22/11/2017.
The summary of facts giving rise to the Appeal is as follows:
By an Amended Writ issued on 22/5/2017, the Plaintiffs (Respondents herein) claimed from the Defendants (Appellants herein) the following reliefs:-
“a) A declaration that the registration of the Statutory Declaration of the 1st and 2nd Defendants was fraudulent.
b) Recovery of possession of all lands fraudulently disposed of by the Defendants.
c) An order directed at the Lands Commission to expunge from its records the said registration and restore such lands to the Katamanso Stool.
d) Perpetual injunction restraining the 1st and 2nd Defendants from alienating disposing of or dealing with the said parcels of land in any way inconsistent with the ownership rights of the Katamanso Stool.
In their Statement of Claim, the Plaintiffs traced their interest in the subject matter by pleading…