GOLDEN PEACHTREE CONSTRUCTION LTD. & ANOR. VRS FRANK GYMAFI (LD/0089/2024) [2024] GHAHC 135 (16 May 2024)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE GHANA (LAND COURT 7) HELD IN ACCRA ON THURSDAY, THE 16TH DAY OF MAY, 2024 BEFORE HIS LORDSHIP ALEXANDER OSEI TUTU (J.) SUIT NO. LD/0089/2024 GOLDEN PEACHTREE CONSTRUCTION LIMITED CHARLET NO. 3, NEAR KINGS UNIVERSITY, AYAWASO – OFANKOR AVENUE, RING ROAD CENTRAL – ACCRA PRUDENTIAL BANK LIMITED :: PLAINTIFFS/APPLICANTS NO. 8, JOHN HAMMOND STREET, RING ROAD CENTRAL – ACCRA VRS FRANK GYMAFI :: DEFENDANT/RESPONDENT 20 NII OWOO AVENUE, WESTLANDS – ACCRA ================================================= PARTIES: PLAINTIFFS/APPLICANTS PRESENT DEFENDANT/RESPONDENT PRESENT COUNSEL: ALEXANDER ADJEI ESQ., FOR PLAINTIFFS/APPLICANTS PRESENT AMOS ANOKYE-KUSI ESQ., H/B FOR HUMPHREY OMABOE ESQ., FOR DEFENDANT/RESPONDENT PRESENT ===================================================== Page 1 of 3 RULING DELIVERED BY ALEXANDER OSEI TUTU J. IN SUIT NO. LD/0089/2024 AT LAND COURT SEVEN ON 16TH OF MAY, 2024 “r.a.a” R U L I N G The instant Application by the Plaintiffs/Applicants is seeking to injunct the Defendant/Respondent either by himself, his agents, assigns, workmen, grantees, representatives, land guards, security guards, hirelings and whoever described from carrying out any activity on the land the subject matter of dispute or interfering in any way whatsoever with the subject matter of the suit till the determination of the matter. The Defendant opposed the Application. While the Plaintiffs rely principally on a Land Certificate dated 28th of February, 2015 in the name of the 2nd Plaintiff and an Indenture which traces its root of title to the Lenshie Quarter of Teshie, the Defendant on the other hand traces its root of title to the Gbugbla Quarter affirmed by a Judgment of the Court dated 20th of July, 2009. The Land Certificate of the Plaintiffs was attached by the Plaintiffs which demonstrates their interest in the subject matter land. While the Defendant relies on a Court Judgment, it unfortunately failed to attach it to his affidavit in opposition for the Court to be convinced of his assertion. Not even a Conveyance from the Gbugla Quarter of Teshie through Nii AKwei Oklumuku, being his grantor or any form of proof was provided or attached to his affidavit to persuade the Court of its assertion. Whatsoever it is, there is an issue for the Court to determine as regards which of the grantors of the parties is the true owner. As Counsel for the Plaintiffs indicated in Court that both parties should be injuncted, I believe that I find wisdom in the proposition and hereby restrain all the parties from carrying out any activity on the land, the subject matter of litigation or interfering with it in any way pending the determination of the suit. The Order affects the agents, assigns, workmen, representatives, guards, security guards and all persons associated with the parties. Page 2 of 3 RULING DELIVERED BY ALEXANDER OSEI TUTU J. IN SUIT NO. LD/0089/2024 AT LAND COURT SEVEN ON 16TH OF MAY, 2024 “r.a.a” (SGD.) H/L ALEXANDER OSEI TUTU JUSTICE OF THE HIGH COURT Page 3 of 3 RULING DELIVERED BY ALEXANDER OSEI TUTU J. IN SUIT NO. LD/0089/2024 AT LAND COURT SEVEN ON 16TH OF MAY, 2024 “r.a.a”