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BALLMOOS V. MENSAH

(1986) JELR 68013 (SC)

Supreme Court  •  26 Jun 1986  •  Ghana

Coram


Judgement

OSEI-HWERE JA: The plaintiff sued out a writ in the High Court, Accra for the following reliefs against the defendant:

(a) Declaration of title to a piece of land at Odawkwa measuring 200 feet by 600 feet;

(b) Recovery of possession;

(c) ¢5 million damages for trespass; and

(d) Perpetual injunction.

The writ was accompanied by a statement of claim. That same day the writ was sealed. He subsequently filed his motion on notice for an interim injunction to restrain the defendant from carrying out building operations on the land.

The motion came before Ammah J who after he had taken some pains to inquire into the allegation and denials evoked by the affidavits of the parties by inspecting the disputed land, ruled in favour of the plaintiff’s motion subject to the plaintiff giving an undertaking as to damages. Aggrieved by the interlocutory order of injunction obtained against him the defendant has appealed to this court.

The plaintiff’s affidavit supporting his motion disclosed that he bought hi…

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