AVRIL LOVELACE-JOHNSON, JA
This is an appeal against the ruling of the High Court dated 13th October 2017 by which it refused the application by the Plaintiff/Appellant to restrain both parties from dealing with the land in dispute pending the final determination of the suit.
The court based its refusal on two grounds. The first was that the Plaintiff/Appellant (to be referred to as Appellant hereon) was unable to show his interest in the subject matter. The second ground was that he did not file a supplementary affidavit in response to the Defendant/Respondent’s (to be referred to as Respondent hereon) contention, supported by a document that the Appellant had earlier granted the land to him.
This appeal is brought on the following grounds
i. The learned trial judge erred by taking into account irrelevant matters or by not taking into account relevant matters in determining the application for judgment
ii. The Learned trial judge erred by refusing to grant the application for injunction
ii…