Customer Support

ANTHONY MENSAH
V.
NANA KOFI OWUSU FOSUHENE

(2012) JELR 65535 (CA)

Court of Appeal 1 Jun 2012 Ghana
BriefBot icon

BriefBot Summary

Free

- The plaintiff filed an appeal against a ruling by the High Court, Kumasi, which granted an Order of Interlocutory Injunction against the plaintiff and the defendant. - The grounds of appeal include claims that the defendant was estopped f

Case Details

Suit Number:SUIT NO. H1/51/2012
Judges:MARIAMA OWUSU J.A. [Presiding], F.G. KORBIEH J.A., I.C. DANQUAH J.A.
Counsel:GEORGE ASIAMAH ESQ ,KWAME A. BOAFO ESQ.

MARIAMA OWUSU, J.A:

On 10th December, 2010, the High Court, Kumasi in an application for an Order of Interlocutory Injunction ruled that:

“In the result, I hereby grant the 1st Defendant/Applicant’s application for an Order of Interlocutory Injunction against the Plaintiff, but vary it to include both parties, their agents, assigns, representatives, servants, workmen, relations, privies, restraining them from entering upon, building, dealing or interfering with the land in dispute pending the hearing and determination of the suit.

There will be no Order as to costs. Parties to bear their own costs.”

Dissatisfied with and aggrieved by the ruling of the High Court, Kumasi, the plaintiff filed the instant appeal.

The Grounds of Appeal are:

a. That the Honourable Court did not advert its mind to the fact that the 1st Defendant/Respondent was stopped from making any claim having witnessed the transaction between the Plaintiff/Appellant and the 2nd Defendant .

b. That the Honourable Court erred in…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.