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

(2018) JELR 63836 (CA)

Court of Appeal 26 Apr 2018 Ghana
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- The High Court in Accra issued a restraining order against the defendant, preventing them from interfering with the plaintiff's land until the final determination of the case. - The defendant filed an appeal against the ruling, citing err

Case Details

Suit Number:SUIT NO: H1/64/2018
Judges:M. OWUSU (J.A.) – PRESIDING, AYEBI (J.A.), SOWAH (J.A.)
Counsel:AMY DALRYMPLE-HAYFORD FOR PLAINTIFF/APPLICANT/RESPONDENT,DANIEL EVANS DZAM FOR DEFENDANT/RESPONDENT/APPELLANT

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.

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