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HAYFORD BOAMAH AND KWABENA ADJEI BOATENG V. KOFI AMPONSAH-EFFAH KUMASI METRO ASSEMBLY

(2009) JELR 63754 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/67/2007  •  29 Jan 2009  •  Ghana

Coram
GBADEGBE J.A. (PRESIDING), DUOSE J.A. , ADDOH J.A.

Judgement

Gbadegbe J. A. read the judgement of the court as follows:

My Lords, the questions that we have to decide in this appeal are relatively simple and may be posed as follows: Whether a plaintiff can obtain an order of interlocutory injunction ex-parte before the issue of a writ and also whether in such a case the order made by the court upon the grant of the application may be directed at a non-party and finally whether in its nature the order so made by the court may subsist until judgment in the action?

In the court below, the defendant-appellant though not served with the instant writ had an order of interlocutory injunction made ex-parte against him and the Kumasi Metropolitan Assembly (KMA), the latter not being a party to the action. As a result, the appellant applied to the trial Circuit Court sometime thereafter for an order to set aside the order of interlocutory injunction. After hearing arguments from the parties, the learned trial judge refused to yield to the urgings of the ap…

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