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JOHN ADDAE
V.
MARTIN KWAKU ASAMOAH & ANOR

(2024) JELR 112457 (CA)

Court of Appeal 25 Mar 2024 Ghana
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- This is an interlocutory appeal by the Plaintiff/Appellant against the ruling of the High Court dismissing the Plaintiff/Appellant's application for interlocutory injunction in favor of the Defendants/Respondents. - The Plaintiff/Appellan

Case Details

Suit Number:CIVIL APPEAL NO: H1/068/2024
Judges:GEORGINA MENSAH-DATSA (MRS), J.A ALEX OWUSU-OFORI, J.A PATRICK KWAMINA BAIDEN, J.A
Counsel:STEPHEN OFORI ESQ. WITH CORNELIUS OPOKU-AGYEMANG ESQ. FOR THE PLAINTIFF/ APPELLANT. HENRY DONALD ADOMAKO-MENSAH ESQ. FOR 1 DEFENDANT/RESPONDENT. SHADRACK OBENG-YEBOAH ESQ. WITH AHMED OKOFO BOAMPONG ESQ. FOR THE 2ND DEFENDANT/RESPONDENT.
Location:Kumasi

JUDGMENT

MENSAH-DATSA, JA.: This is an interlocutory appeal by the Plaintiff /Appellant (hereinafter referred to as Appellant) against the ruling of the High Court, Kumasi dated 25 July, 2023 dismissing the Plaintiff/Appellant’s application for interlocutory injunction in favour of the Defendants /Respondents (hereinafter referred to as Respondents).

The grounds of appeal are stated on page 51 of the Record of Appeal as follows:

i. The trial Judge erred in the exercise of his discretion to dismiss the injunction application by failing to recognize and take into account the fact that Plaintiff/Applicant has acquired legitimate interest in the subject land which interest requires protection by the Court.

ii. The Ruling is against the weight of evidence on record.

iii. Additional grounds may be filed upon receipt of the Record of Proceedings.

No additional grounds of appeal were filed by the Appellant. The reliefs sought from the Court of Appeal are:

a.  An order allowing the appeal and settin…

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