NANA A. DARKO II V. NANA ABAM AKWASI DARKO

MARIAMA OWUSU, J.A:

On 5-12-2013, the High Court (Land Division) Accra, restrained the parties in this suit following an application for an Order of Interlocutory Injunction pending the final hearing and determination of the suit. In its ruling, the court held that:

“I have carefully looked at the present application which is a motion for interlocutory injunction.

I have equally looked at the affidavit in opposition. I came to the decision that both parties need to be restrained in the case. Accordingly both parties are hereby restrained from any further assignment or development of the disputed land pending the determination of this case. For the avoidance of doubt, this order shall equally apply to the assigns, workmen, privies, etc of both parties.”

Dissatisfied with the decision of the trial court, the plaintiff/appellant herein referred to as the appellant appealed to the Court of Appeal on the following ground:

“The learned trial Judge erred in law and exercised his discretion in res…