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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

Judgement

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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