G.P.R.T.U. (ARTICULATOR STATION BRANCH)
V.
SPARE PARTS & MECHANICS (ARTICULATOR STATION BRANCH)

(2018) JELR 63836 (CA)    
Court of Appeal  ·  SUIT NO: H1/64/2018 ·  26 Apr 2018 ·  Ghana
CORAM
M. OWUSU (J.A.) – PRESIDING, AYEBI (J.A.), SOWAH (J.A.)
Core Terms Beta
appellant
respondent
trial judge
counsel
balance of hardship
subject matter of this suit
building permit
spare parts
a. m. a.
appellant’s association
appellant’s members
case of the respondent
ghana railway development authority
high court
laws of ghana
licensee of a. m. a.
order of interlocutory injunction
plaintiff’s land
trial court
18-paragraph statement of claim
accompanying affidavit
applicant’s land
application of the mechanics association
bath house
case of ekwam vs. pianim no.
construction project
decision of the court
defendant association
defendant’s members
equitable rights
executive members of appellant
further grounds of appeal
general jurisdiction
grant of an injunction
grounds of appeal
mr. ensiyan musa
notice of appeal
omissions of the defendant association members
ongoing construction
peaceful development of respondent
perpetual injunction
portion of respondent
prior approval of respondent
quo ante
record of trial court
reliance of the trial judge
respondent’s financier chief sugru lama
respondent’s union desire
said sugru lama
trial court ought

JUDGMENT

MARIAMA OWUSU, J.A.:

On 14th June, 2017, the High Court, General Jurisdiction, Accra restrained the defendant/respondent/appellant either by itself, assigns, privies, servants and workmen and all people claiming through it from entering, interfering and dealing in any manner whatsoever with applicant’s land pending the final determination of this suit.

Dissatisfied with the decision of the court, the defendant/respondent/appellant filed a notice of appeal against the ruling.

The grounds of appeal are:

1. That the trial Judge erred in holding that the balance of hardship would be greater against plaintiff/respondent;

2. That the trial Judge erred in holding that plaintiff/respondent continues with construction works on the land which is the subject matter of this suit;

3. Further grounds of appeal to be filed upon receiving record of trial court.

The relief sought from the court of appeal is a reversal of the ruling of the High Court (General Jurisdiction Division), Accra.

At this stag…

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