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MOKAB COMPANY GH. LTD. V. BRAGHA CONSTRUCTION CO. LTD.

(2015) JELR 69551 (CA)

Court of Appeal  •  SUIT NO: H1/117/2014  •  26 Feb 2015  •  Ghana

Coram
OWUSU M. (PRESIDING), KORBIEH J.A., DZAMEFE J.A.

Judgement

MARIAMA OWUSU, J.A:

On 18th July, 2012, the High Court, Accra, refused the plaintiff/appellant company’s application for interlocutory injunction seeking to restrain the defendant/respondent company either by itself, privies, through its officers, workers, agents, servants, assigns, etc. from entering, using, developing, selling, assigning, allocating or dealing in any manner whatsoever with any portion or all that piece of land being the subject matter of this suit, pending the final determination of this suit.

Dissatisfied with the decision of the High Court, the plaintiff/appellant appealed to the Court of Appeal on the following ground:

“That the ruling is against the weight of evidence adduced in support of the application and the decision is manifestly unfair against the plaintiff”

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case.

By its writ of summons, the plaintiff company claimed against the defendant compa…

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