CHARLES BASOA @ KWABENA ADOMAKO AND MR. ADAMS TAWIAH
V.
NANA DUFFOUR II, CHIEF OF ABASE

(2016) JELR 69785 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/19/2015 ·  27 Jan 2016 ·  Ghana
CORAM
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Core Terms Beta
power of attorney
defendants
plaintiff
support of the motion
appeal
order of interlocutory injunction
trial court
court of appeal
grounds of appeal
open space
appellate court
attorney’s capacity
court cases
face of the power of attorney
further grounds of appeal
high court
high court judge
lawful attorney of the plaintiff
notary public
rules
supreme court
asante-appiah vrs amponsa
asare vrs brobbey
case of the defendants
common knowledge
copy of a purported power of attorney
copy of the power of attorney
eboe vrs eboe
exceptional circumstances
favour of nana adusei poku
golightly vrs ashrifi
interested party
issue of capacity of nana adusei poku
issue of the capacity of plaintiff
issue of want of capacity
judicial process
leave of the court
legal effect
mosi vrs bagyina
perpetual injunction
provisions of the rules of court
purported power of attorney
question of law
said order
terms of the powers of attorney act
united kingdom
validity of the power of attorney
valid power of attorney
view of these propositions
writ of summons

JUDGMENT

AYEBI, JA

1. In his writ of summons issued on 26th July 2013, the plaintiff/respondent claimed against the defendants/appellants the following reliefs:

(a) A declaration that the building being put up by the defendants at the open space at Abase is unlawful, illegal, unauthorized and dangerous.

(b) General damages for trespass.

(c) Perpetual injunction restraining the defendants, the agents, assigns, servants, labourers or any other person who derives title from putting up any building at the open space at Abase.

2. Upon the service of the writ of summons and statement of claim on the defendants, the plaintiff applied for an order of interlocutory injunction to restrain the defendants from continuing with the construction of the building at the open space at Abase pending the determination of the suit.

3. On 27th June 2014, the High Court granted the motion in the interest of public safety and restrained the defendants, their agents, privies and all who claim interest or title throu…

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