Ratio DecidendiRatio DecidendiRatio Decidendi



YEHANS INTERNATIONAL LIMITED
V.
MARTEY TSURU FAMILY

(2011) JELR 63702 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/23/2011 ·  30 Nov 2011 ·  Ghana
CORAM
BROBBEY JSC (PRESIDING) ,ANSAH JSC ,OWUSU (MS.) JSC, YEBOAH JSC, BONNIE JSC

Ratio Decidendi

Core Terms Beta
court of appeal
interlocutory injunction
respondent
high court
trial court
case
point
statement of claim
basic principles
declaration of title
defendant
interlocutory appeal
interlocutory application
law clerk
status quo
trial judge
undertakings
above principle
america cynamide co. v. ethicon
breach of contract
capacity of the deponent
case law
case of an applicant
chambers of a lawyer
contempt of court
dismissal of the appeal
disputed land
fact
fundamental issue
grounds of appeal
interlocutory applications
irreparable damage
judge
koforidua ex parte ansah-otu
land certificate
leading cases
lord diplock
lordship justice abada
order of interlocutory injunction
ors v. amartei
ors v. secretary of state
owusu v. owusu-ansah
piece of land
references
second appeal
summary judgment application
terse affidavit
unanimous decision of the court of appeal
vanderpuye v. nartey

JUDGEMENT

ANIN YEBOAH, JSC

On the 30/11/2011 we dismissed the interlocutory appeal from the unanimous decision of the Court of Appeal and reserved our reasons. We now proceed to offer our reasons for the dismissal of the appeal.

The respondent herein commenced an action at the High Court, Accra on 22/12/2006 for declaration of title to a piece of land at the Light Industrial Area, Accra. As usual with actions for declaration of title, other ancillary reliefs were sought against the appellant herein. On the 30/01/2007, the respondent herein filed a motion on notice for interlocutory injunction.

In a rather terse affidavit sworn to by one Pendagrass Borketey Alabi, the respondent exhibited an indenture and Land Certificate and deposed to the fact that the respondent would change the nature of the land in dispute if not restrained by an injunction. The writ was accompanied by a statement of claim in which the respondent pleaded its root of title and long possession of the land.

The writ of su…

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