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THE REPUBLIC V. THE HIGH COURT, ACCRA EX-PARTE: DR. KWABENA APPENTENG, INTERESTED PARTIES; STEPHEN KWAKU ASIEDU APPENTENG AND OTHERS.

(2010) JELR 68515 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/6/2009  •  3 Feb 2010  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), ANSAH J.S.C., BAFFOE-BONNIE J.S.C., ARYEETEY J.S.C., GBADEGBE J.S.C.

Judgement

RULING

ATUGUBA, JSC

Briefly stated, the facts of this case are as follows. The applicant until recently, one of the executors of the will of the late Samuel Christian Appenteng, on 18/4/2008 obtained, in a chain of steps, leave for the issue of a writ of possession, in respect of one of the properties of the estate of the said testator. However the purported execution of this writ was obstructed by the interested parties herein. The applicant thereupon obtained on 22/5/2008 an order for forcible entry and arrest of any person who would seek to obstruct the same. Meanwhile the interested parties had commenced an action on the 16/12/2007 against the interested parties impeaching the purported disposal of the disputed property.

After an initial ex-parte interim injunction on 16/5/2008, the interested parties, on 30/5/2008 brought an application on notice for the same which was adjourned to 16/10/2008 for Ruling. Before the Ruling could be given, the interested parties claim per paragraph 15…

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