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STEPHEN COFIE V. MRS FELICIA ACHEAMPONG

(2015) JELR 67254 (CA)

Court of Appeal  •  SUIT NO: H3/494/2015  •  9 Dec 2015  •  Ghana

Coram
CECILIA H. SOWAH [JUSTICE OF APPEAL]

Judgement

The present application for an order of Interlocutory injunction was filed on 26th June 2015 and is opposed by the plaintiff/respondent/respondent as being incompetent and constituting an abuse of process. One of the respondent’s arguments appears to be based on the fact that two previous applications for Stay of Execution to the trial court and the repeat application to this court were both dismissed, but this application has been brought which is essentially the same and is therefore an abuse of process. Counsel also contends that the application is not sanctioned by the rules of court. Furthermore, there has been no lapse by the trial court to warrant this present application. Merchant Bank v. Similar Ways Ltd [2012] 1 SCGLR 440 distinguished.

Having read the processes filed, listened to both counsel and carefully considered their arguments, my view is that the application cannot be said to be incompetent on jurisdictional grounds merely because a Stay of execution was earlier dismi…

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