AKAAKYI II V. YEBOAH AND ANOTHER

ANSAH-TWUM J.: The plaintiffs herein, who claim to represent the stool of Agona, Ahanta, instituted this action only against the defendant, Morrison Imoru, claiming ¢5,000 damages for trespass to the plaintiffs’ stool land commonly known and called Asine land and bounded as set out in the writ of summons. They claim further that “the trespass complained of consists in the defendant’s entry upon the said land and starting extensive clearing thereon for farming purposes without the consent and concurrence of the plaintiffs.”

The defendant entered appearance through his solicitor, Kodwo Erskine, who filed the defendant’s statement of defence on 10 July 1978. The plaintiffs having filed their reply to the defendant’s statement of defence by 15 January 1979, filed a motion for interim injunction under Order 50, r. 7 (1)-(2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The motion paper and supporting affidavit were served on the defendant’s solicitor, Kodwo Erskine on 31 Janu…