YAW AGYEI, AGNES KORANKYE, RITA GYAMFUWAA AND FRED ANSONG DWAMENA V. MIKE SIMILAO

JUDGMENT

ANSAH JSC

The plaintiffs issued a writ of summons before the High Court, Accra, but the defendant entered a conditional appearance to it; subsequently, the plaintiffs filed an application for an order of interlocutory injunction on 12-7-2007 to be moved on 30-7-2007. As was to be expected, the application was opposed by the defendant who tendered some exhibits.

The application which was put before the court presided over by Ofori-Attah J, was adjourned to 1-11-07 for hearing.

When the application came before the court presided over by Dzakpasu J, he dismissed it on 1-11-2007.

When the plaintiffs appealed against the decision of the High Court to the Court of Appeal it dismissed the appeal resulting in a further appeal to this court. The plaintiffs are the appellants herein and the defendant the respondent.

The grounds of appeal were that:

“i, The judgment is against the judgment weight of evidence.

ii. The Court of Appeal erred by holding that the High Court was seized with power to …