Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DICK YAW NSIAH
V.
NANA MBEAH

(2016) JELR 65331 (CA)    
Court of Appeal  ·  SUIT NO: H1/06/2016 ·  8 Jun 2016 ·  Ghana
CORAM
ADJEI J.A, SOWAH J.A, MENSAH J.A

Ratio Decidendi

Core Terms Beta
plaintiff
court
land
application
individual interest
interlocutory injunction
high court
trial
appeal
high court judge
case
trial court
grant of interlocutory injunction
guiding principle
principles
status quo
subject matter
supreme court
trial judge
weight of evidence
appellate court
grounds of appeal
trial high court judge
basic principles
borby family of suhum
brief facts of the matter
communal interest
concurrence of the principal members of the said family
decision of the trial
effective possession of the land
favour of the plaintiff
final determination of the case
grant of the application
hand claims
high court koforidua
improper exercise of discretion
interest of an applicant
interlocutory appeal
lands commission
lord diplock
nature of the use of the land
parcel of land
plaintiff's application
plaintiff's individual interest
plaintiff's interlocutory application
portions of the acquired land
precedence of community interest
quo ante
wrong application of law

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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