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DICK YAW NSIAH
V.
NANA MBEAH

(2016) JELR 65331 (CA)

Court of Appeal 8 Jun 2016 Ghana
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- The Court of Appeal set aside the High Court’s refusal of an interlocutory injunction, holding that the trial judge erroneously prioritized communal interest over the Plaintiff’s individual proprietary rights. - The key principle affirmed

Case Details

Suit Number:SUIT NO: H1/06/2016
Judges:ADJEI J.A, SOWAH J.A, MENSAH J.A
Counsel:K. AMOAKO ADJEI ESQ. WITH HIM SULEMANA MUSAH ESQ,FOR THE PLAINTIFF/APPLICANT/APPELLANT; WIAFE DANKWA ESQ FOR THE DEFENDANT/RESPONDENT/RESPONDENT

JUDGMENT

ADJEI, J.A.

The High Court Koforidua on 2nd December, 2014 dismissed an application for interlocutory injunction filed by the Plaintiff to restrain the Defendant, his agents, privies, assigns and representatives from entering unto the land, subject matter in dispute. The Plaintiff dissatisfied with the ruling by the High Court filed an appeal against the said ruling to this Court on 22nd December, 2014. The Plaintiff/Appellant and the Defendant/Respondent shall maintain their respective designations at the court below for convenience and ease of reference.

The brief facts of the matter before the trial High Court which has culminated in this interlocutory appeal were that the Plaintiff acquired a parcel of land situate, lying and being at Kyekyewere-Beposo near Suhum and bounded by the properties of Prempeh, Yawtse, Gyamfua and the Kumasi - Accra motor road from the Borby family of Suhum acting by the head of family Kofi Borby with the consent and concurrence of the principal me…

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