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DANIEL ELIAS WILLIAM JOSEPH
V.
OKOMFO ANKYE AND THE LANDS COMMISSION

(2013) JELR 68579 (SC)

Supreme Court 27 Feb 2013 Ghana
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- The case involves an appeal from the Court of Appeal regarding the refusal to set aside a previous decision of the High Court regarding an application for interlocutory injunction. - The Supreme Court raised a point of law regarding the t

Case Details

Suit Number:CIVIL APPEAL NO. J4/12/2012
Judges:ATUGUBA JSC. (PRESIDING), DR. DATE-BAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, GBADEGBE JSC
Counsel:AKWASI AFRIFA FOR THE PLAINTIFF/APPELLANT/APPELLANT; K. A. ASANTE-KROBEA FOR THE 1ST DEFENDANT /RESPONDENT / RESPONDENT.,NO APPEARANCE FOR THE 2ND DEFENDANT/RESPONDENT/RESPONDENT.

GBADEGBE JSC:

On 7 November 2011 when the matter herein came before us in open court, we raised for the consideration of the parties by virtue of the authority conferred on us under rule 6(8) of the Supreme Court Rules, CI 16 a point of law that was carefully crafted by us as follows:

“Whether having regard to the time frames provided for in Rule 8(1) (a) of the Supreme Court Rules, CI 16 the appeal herein is properly constituted?”

Before proceeding further, we wish to say that the instant appeal arises from the refusal by the Court of Appeal to set aside a previous decision of the High Court by which an application for interlocutory injunction that was sought by the Appellant herein was refused. By its decision, the Court of Appeal affirmed the order of the trial court refusing the application for interlocutory injunction. The appeal to this court therefore from the decision of the Court of Appeal is in respect of the interlocutory injunction. The decision on appeal to us was delivered …

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