AFUA ATTAH PAYAN VRS VINCENT KWABENA DADZIE (C5/21/23) [2022] GHACC 324 (24 November 2022)

CORAM: HER HONOUR BERTHA ANIAGYEI (MS) SITTING AT THE CIRCUIT COURT ‘B’ OF GHANA HELD AT TEMA ON THURSDAY, 24TH NOVEMBER, 2022 AFUA ATTAH PAYAN PETITIONER/APPLICANT SUIT NO. C5/21/23 VRS VINCENT KWABENA DADZIE RESPONDENT/RESPONDENT Application for Interlocutory Injunction Counsel for the Applicant: My lord, we have before you a motion on notice for interlocutory injunction under Order 25 Rule 1 of C. I 47. We move in terms of the motion paper, the supporting affidavit and the statement of case is attached. We rely on the averments as deposed to and pray the court to say that the applicant has been married to the respondent under customary law since 1991 even though they have been cohabiting since 1989. ------------------------------------------------------------------------------------------------------------------- BENCH RULING ------------------------------------------------------------------------------------------------------------------- The essence of an injunction is to restrain a party from performing or engaging in an act. Where a party has already engaged in the act or performed same, an injunction would not be the appropriate remedy. I find that there are triable issues in this case, however, the respondent has made it manifest per his Exhibit V. K. D.1 that he has already assigned his interest in that house to a third party. Exhibit V. K. D.1 per its oath of proof which has the stamp of the High Court, was proved on the 28th July, 2022. The attached search report from the Lands Commission indicates that the search report dated 21st July, 2022 was made by and for the said Pius Thomas Andoh, the third party. Thus as far back as 21st February, 2022, plans were far advanced by the third party to acquire an interest in the house and he accordingly did same on the 28th July, 2022. This application was filed on the 30th September, 2022, about two months after the respondent had divested himself of any interest he had in the property. An injunction is thus quite late in the day and he cannot be restrained from performing an act which he has already done. Accordingly, I find that the application is unmeritorious and accordingly dismiss same. (sgd) H/H BERTHA ANIAGYEI (MS) (CIRCUIT COURT JUDGE) BRIGHT AMU FOR P. K. HODO FOR THE PETITIONER/APPLICANT PRESENT RAYMOND AFAWUBO FOR THE RESPONDENT PRESENT 2