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YAW AGYEI & ORS VRS. MIKE SIMILAO

(2011) JELR 106973 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/36/2010  •  18 May 2011  •  Ghana

Coram
ATUGUBA, JSC (PRESIDING) DR. DATE-BAH, JSC ANSAH, JSC BONNIE, JSC AKOTO-BAMFO, JSC

Judgement

    J U D G M E N T


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 …

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