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CHARLES BASOA @ KWABENA ADOMAKO AND MR. ADAMS TAWIAH V. NANA DUFFOUR II, CHIEF OF ABASE

(2016) JELR 69785 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/19/2015  •  27 Jan 2016  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Judgement

JUDGMENT

AYEBI, JA

1. In his writ of summons issued on 26th July 2013, the plaintiff/respondent claimed against the defendants/appellants the following reliefs:

(a) A declaration that the building being put up by the defendants at the open space at Abase is unlawful, illegal, unauthorized and dangerous.

(b) General damages for trespass.

(c) Perpetual injunction restraining the defendants, the agents, assigns, servants, labourers or any other person who derives title from putting up any building at the open space at Abase.

2. Upon the service of the writ of summons and statement of claim on the defendants, the plaintiff applied for an order of interlocutory injunction to restrain the defendants from continuing with the construction of the building at the open space at Abase pending the determination of the suit.

3. On 27th June 2014, the High Court granted the motion in the interest of public safety and restrained the defendants, their agents, privies and all who claim interest or title throu…

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