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POUNTNEY V. DOEGAH

(1987) JELR 65330 (CA)

Court of Appeal  •  2 Apr 1987  •  Ghana

Coram
ABBAN JA,OSEI-HWERE JA,WUAKU J.A

Appearances
OPARE ADDO FOR THE APPELLANT; W FUGAH FOR THE RESPONDENT. ,N OLAGA FOR THE CO-RESPONDENT.

Judgement

ABBAN JA

This is an interlocutory appeal from the Circuit Court, Accra. The court had earlier on granted an interim injunction order restraining the defendant-respondent, Doegah, and his servants and agents from entering the disputed plot of land pending the hearing and the final determination of the suit.

However on 14 December 1984 the learned circuit judge on the motion of the defendant-respondent vacated that interim injunction order. But the plaintiff-appellant again moved the court for the same order. That is for the restoration of the injunction order and on 4 March 1985 the learned circuit judge in his ruling refused the plaintiff-appellant’s request. It is against this ruling that the present appeal was brought.

It is to be noted that while the plaintiff-appellant’s last motion was pending before the circuit court and before that court could hear the motion, the Lands Commission was joined as a co-defendant on the application of the defendant-respondent. The Lands Commission hav…

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