High Court dismisses injunction against Oshuiman stool

The Sowutuom High Court has once again dismissed an interlocutory injunction against the Oshuiman Stool, and the regent (Mankralo) of Oshuiman, Nii Adotei Okropong II, over a-4,389.68 acre of land at Oshuiman in the Ga West Municipality.

The injunction which was filed by Nii Kojo Buabeng II on behalf of the Abbeyman Family sought to restrain the Oshuiman stool and the Mankralo from dealing with the disputed land pending the determination of a suit challenging the ownership of the land.

Apart from dismissing the application for interlocutory injunction, the court, presided over by Justice Jane Harriet Akweley Quaye, also slapped the applicant –Abbeyman Family with a cost of GH5,000 in favour of the respondents.

Ruling  

In its ruling dismissing the injunction application, the court held that the applicant failed to meet the test for the grant of injunction, as it had no legal right which ought to be protected by the court.

It was the considered view of the court that another High Court, differently constituted, had already given judgment in the dispute in favour of the Oshuiman stool, and the Mankralo of Oshuiman.

“The defendant has already been given judgment over the land in dispute. The plaintiff himself is aware of this judgment. The said judgment has not been set aside in any Appellant Court.

Granting this injunction, therefore, would be tantamount to preventing the victorious party which is the defendant from enjoying the fruit of their judgment,” the court held.

Again, the court held that the application was a flagrant abuse of the court process as the applicant seemed to be moving to differently constituted High Courts for relief.

“It seems rather that the plaintiff is abusing the process of the court through forum shopping since the plaintiff is seeking the same reliefs in this court for which he has already sued the Defendants in Land Court one,” Justice Quaye held.

Previous dismissal

This is not the first time the court has dismissed an application for interlocutory injunction relating to the land dispute. In December, last year, the court dismissed a similar application by the Nii Sempe Mensah family of Ablekuma against the Oshuiman stool.

The court dismissed the application on the basis that the said site plan which the applicant grounded its application was faulty in law, as it was unsigned.

“The court is of the view that since proof in law is a pre-requisite in establishing a claim, it is not convinced that the plaintiff has established his legal right based on the site plan,” the court held.

The court further held that even if the applicant had established a legal right, it could be compensated with damages at the end of the trial and therefore there would be no need for an order for interlocutory injunction.

“The court is of the view that if at the end of the case, the matter is determined in favour of the plaintiff, damages will suffice as compensation to the plaintiff depending on how they establish their case before this court. Application refused,” the court ruled.