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GRACE OSEI AFRIYIE V. UNIBANK GHANA LIMITED

(2011) JELR 64571 (CA)

Court of Appeal  •  SUIT NO: H1/39/2011  •  22 Dec 2011  •  Ghana

Coram
MARIAMA OWUSU, JA (PRESIDING), IRENE C. DANQUAH, JA, KORBIEH, JA

Judgement

MARIAMA OWUSU, JA

On 22-7-2011, the High Court, Commercial Division, Kumasi in an application for interim injunction ruled among other things as follows:

“In this court’s opinion, the Plaintiff has put forward a maintainable claim. The Defendant has also put up a worthy defence. Which of the 2 sides to this case would take precedence can only be realized after evidence has been taken from both sides.

Plaintiff has made this application praying for an order that the Defendant be made to publicize the loss of the document. Between the period when she discovered the loss of her title deed and when she instituted the current suit, what has happened? She did not say.

This court has not been furnished with any evidence that she is on the verge of losing her property or that some person or persons whether known or unknown is about to deal with her property in a manner detrimental to her interest.

The court has also not been furnished with any evidence that the Defendant intends her deeds to be us…

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