Court accepts interim injunction against granting of Amomoley land
The Accra High Court has granted interim injunction against granting any portion of Amomoley land, in the Greater Accra Region.
The court, by this order is restraining parties in a pending land dispute (Amomoley land issue), until the final determination of the action.
Numo Ogbamey-Fio Commey, the Head of Family of Numo Commey Family, and two others, all plaintiffs, filed the instant action, which the court ruled in their favour.
The plaintiffs asked the court presided over by Justice Amos Wuntah Wuni, a Court of Appeal Judge sitting with additional responsibility, to restrain the defendant, Nii Ahinquansro Badoo, and two others, their assigns and workmen from interfering with plaintiff tenants’ right to quiet enjoyment of the land in dispute.
The plaintiffs also want the court to restrain the defendants, their agents, servants, workmen or anyone claiming through them from granting any portion of the land.
Ruling on the application, Justice Wuni said the Supreme Court had set out the parameters in considering interlocutory injunctions.
” The court’s power to grant interlocutory injunctions is circumscribed and regulated by Order 25 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) and our courts have spoken clearly, loudly and authoritatively on when, why, how and who may or may not be granted an order of interlocutory injunction,” he explained.
The court said it was settled law that the grant of application for interlocutory injunction, although discretionary, must be carefully considered in the light of the pleadings and affidavit evidence before the court.
Justice Wuni said that “in determining the instant application for interlocutory, this court has exercised maximum restraint from making any prejudicial comments on the suit in compliance with admonishments proffered in several decided cases on interlocutory injunctions. Be that as it may, the court can only form an opinion on the application based on the processes filed by the parties.”
” Accordingly, both parties, their assigns, affiliates, successors, subjects and workmen or anyone claiming through them are hereby restrained from interfering with the rights to quite enjoyment of tenants (whether of the applicants or the respondents) to land in dispute known as Amomoley lands until the matter is determined”.
The court ordered that both parties, their agents, servants, workmen or anyone claiming through them are further restrained from granting any portion of land in dispute, known as Amomoley land, pending the final determination of the action.
BY MALIK SULLEMANA