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ANTHONY MENSAH V. NANA KOFI OWUSU FOSUHENE

(2012) JELR 65535 (CA)

Court of Appeal  •  SUIT NO. H1/51/2012  •  1 Jun 2012  •  Ghana

Coram
MARIAMA OWUSU J.A. [Presiding], F.G. KORBIEH J.A., I.C. DANQUAH J.A.

Appearances
GEORGE ASIAMAH ESQ ,KWAME A. BOAFO ESQ.

Judgement

MARIAMA OWUSU, J.A:

On 10th December, 2010, the High Court, Kumasi in an application for an Order of Interlocutory Injunction ruled that:

“In the result, I hereby grant the 1st Defendant/Applicant’s application for an Order of Interlocutory Injunction against the Plaintiff, but vary it to include both parties, their agents, assigns, representatives, servants, workmen, relations, privies, restraining them from entering upon, building, dealing or interfering with the land in dispute pending the hearing and determination of the suit.

There will be no Order as to costs. Parties to bear their own costs.”

Dissatisfied with and aggrieved by the ruling of the High Court, Kumasi, the plaintiff filed the instant appeal.

The Grounds of Appeal are:

a. That the Honourable Court did not advert its mind to the fact that the 1st Defendant/Respondent was stopped from making any claim having witnessed the transaction between the Plaintiff/Appellant and the 2nd Defendant .

b. That the Honourable Court erred in…

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