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JOHN ADDAE V. MARTIN KWAKU ASAMOAH & ANOR

(2024) JELR 112457 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/068/2024  •  25 Mar 2024  •  Ghana

Coram
GEORGINA MENSAH-DATSA (MRS), J.A ALEX OWUSU-OFORI, J.A PATRICK KWAMINA BAIDEN, J.A

Appearances
STEPHEN OFORI ESQ. WITH CORNELIUS OPOKU-AGYEMANG ESQ. FOR THE PLAINTIFF/ APPELLANT. HENRY DONALD ADOMAKO-MENSAH ESQ. FOR 1 DEFENDANT/RESPONDENT. SHADRACK OBENG-YEBOAH ESQ. WITH AHMED OKOFO BOAMPONG ESQ. FOR THE 2ND DEFENDANT/RESPONDENT.

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>MENSAH-DATSA, JA.:</u> </strong>This is an interlocutory appeal by the Plaintiff /Appellant (hereinafter referred to as Appellant) against the ruling of the High Court, Kumasi dated 25 July, 2023 dismissing the Plaintiff/Appellant’s application for interlocutory injunction in favour of the Defendants /Respondents (hereinafter referred to as Respondents).</p><p style="text-align: justify">The grounds of appeal are stated on page 51 of the Record of Appeal as follows:</p><p style="text-align: justify">i. The trial Judge erred in the exercise of his discretion to dismiss the injunction application by failing to recognize and take into account the fact that Plaintiff/Applicant has acquired legitimate interest in the subject land which interest requires protection by the Court.</p><p style="text-align: justify">ii. The Ruling is against the weight of evidence on record.</p><p style="text-align: justify">iii. Additional grounds may be filed upon receipt of the Record of Proceedings.</p><p style="text-align: justify">No additional grounds of appeal were filed by the Appellant. The reliefs sought from the Court of Appeal are:</p><p style="text-align: justify">a.  An order allowing the appeal and settin…</p>

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