TRUSTEES OF SYNAGOGUE CHURCH
V.
KWAME POKU BOAH

(2016) JELR 108653 (HC)    
High Court  ·  SUIT NO. LD 0331/2016 ·  27 Apr 2016 ·  Ghana
CORAM
JUSTICE ELIZABETH ANKUMAH
Core Terms Beta
plaintiff
applicant
defendant
application
affidavit
right of way
late david lamptey
david lamptey
access road
interlocutory injunction
sussuana osae acheampong
applicant’s affidavit
applicant’s land
defendant respondent
high court civil procedure rules
only access road
registration of the land
site plan
supreme court
whole action
acknowledgment of my application
applicant measures
enclosed land
entire walled land
equitable rights of the parties
exhibit so3
final determination of this case
high court
irreparable damage
lease agreement
legal entity
nationality of the plaintiff
only right of way
piece of land
plaintiff’s enclosed land
registration process
subject matter land
title certificate no. ga43560
various properties
walled area

RULING 

This is a motion on notice filed by the plaintiff coming under Order 25  rule 1 (1) of the High Court Civil Procedure Rules 2004 CI 47 praying  for an order to clear the right of way and the access road to plaintiff’s  land and “to restrain the defendant, his agents, privies, assigns and all  those claiming through or under him or anybody at all from entering  upon and doing anything further within, concerning or in respect of  the plaintiff’s enclosed land or erecting any structures in whatever  form or manner on the subject matter land being within and part of,  and the only access road and right of way to the plaintiff’s enclosed  land until the final determination of this case.” 

The order the plaintiff is seeking is in two parts to wit: 

1. An order to clear the right of way and the access road to plaintiff’s  land. 

2. To restrain the defendant, his agent etc. from entering upon and  doing anything further within the plaintiff’s enclosed land. 

The basis of plaintiff’s plea c…

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