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JAMES KODWO KOOMSON
V.
KWAME ESUON WIREDU KOOMSON

(2022) JELR 109894 (CA)

Court of Appeal 10 Feb 2022 Ghana
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- This case involves an appeal against the refusal of an application for an interlocutory injunction by the High Court. - The appellant is the brother and executor of the deceased, Lt Col. [rtd] John Kwame Koomson, and claims that the dispu

Case Details

Suit Number:H1/223/2021
Judges:MARGARET WELBOURNE JA PRESIDING, AMMA GAISIE JA, P. BRIGHT MENSAH JA
Counsel:NOAH ASAMANI FOR PLAINITIFF/APPELLANT KWASI OWUSU-AGYEMAN FOR DEFENDANT

BRIGHT MENSAH JA

My Lords, this appeal is an invitation to this court to interfere in a judicial discretion that the lower court, the High Court, [General Jurisdiction], Accra exercised per its Ruling delivered 14/09/2020.  In a short Ruling, the learned trial judge has held:

“By Court:

The application for injunction filed on the 27 of May 2020 is hereby refused.  The defendant/respondent is to sign an under-taking before the 21 of September 2020.”

See: p 73A of the record of appeal [roa].

The ruling was given against the backdrop of a motion on notice for an order of interlocutory injunction filed against the defendant which motion, together with its supporting affidavit, annexures/exhibits as well as statement of case, was filed with the lower court on 12/12/2019.  And that appears on pp 17-24 [roa].  A supplementary affidavit was subsequently filed on 27/03/2020.  See: pp 46-73 [roa].  An affidavit in opposition to challenge the application was also filed 08/07/2020 including Counsel’s …

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