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BOTWEY V. EDWEY IX

(1990) JELR 65830 (CA)

Court of Appeal  •  29 Nov 1990  •  Ghana

Coram
ESSIEM JA, OFORI-BOATENG JA, ADJABENG J.A.

Appearances
BOAHENE FOR THE PLAINTIFF-APPELLANTS; J. AHENKORAH FOR THE DEFENDANT-RESPONDENTS

Judgement
<p>ESSIEM J.A: On 15 November 1990 we allowed this appeal but reserved our reasons, which I now proceed to give. The writ in this case was issued on 23 July 1973. This appeal only concerns an interim order made by the High Court, Cape Coast on 30 May 1986. It is not plain from the record why this case has lasted for so long in the High Court, Cape Coast. As at now, the main case is still pending before the High Court. I can only express disgust at the way this matter has been allowed to drag on for so long before the High Court. Surely, if counsel had taken steps to have the case heard on its merits, the parties would have known their respective rights by now. Counsel would have thus rendered a more useful service to their clients and enhanced the administration of justice in this country than they seem to have done so far in this case.</p><p>The brief facts concerning this appeal arc that on 3 December 1973 the High Court, Cape Coast, per Sampson Baidoo J., restrained both sides in this disput…</p>

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