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JOSEPH NURO
V.
BERNARD KUUKYE & ANOR

(2024) JELR 112456 (CA)

Court of Appeal 29 Feb 2024 Ghana
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- This is an interlocutory appeal from the ruling of the High Court, Obuasi, dated 11 May, 2023. - The trial Court dismissed an application for interlocutory injunction filed by the Plaintiff/Appellant. - The Plaintiff/Appellant filed the a

Case Details

Suit Number:CIVIL APPEAL NO: HI/006/2024
Judges:G.S. SUURBAAREH, JA ALEX OWUSU-OFORI, JA SAMUEL O. DIAWUO, JA
Counsel:KWAME BOAHEN ADUTWUM FOR THE 1ST DEFENDANT/RESPONDENT
Location:Kumasi

JUDGMENT

SUURBAAREH, JA: This is an interlocutory appeal from the ruling of the High Court, Obuasi, dated 11 May, 2023. The trial Court, in his ruling, dismissed an application for interlocutory injunction filed by the Plaintiff/Appellant, seeking to restrain the Defendants/Respondents from going onto the property in dispute and undertaking any physical development thereon pending the final determination of the dispute.

Aggrieved by the ruling, the Plaintiff/Appellant filed the instant appeal, on two grounds of appeal, as no further grounds have been filed. Whilst the first ground of appeal is complaining about the trial judge having wrongly exercised his discretion based on a misapprehension of facts, the other grounds is about the ruling being against the weight of the evidence. The Plaintiff/Appellant went on to set out three particulars in respect of the first ground of appeal.

The parties would henceforth be called Appellant and Respondents. The facts giving rise to the instant appe…

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