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NANA KWAME GYABENG KYEMONO II AND 4 OTHERS
V.
THE FORESTRY COMMISSION AND 2 OTHERS

(2012) JELR 66667 (CA)

Court of Appeal 29 Mar 2012 Ghana
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- The Court of Appeal dismissed the appeal, holding that the plaintiffs’ writ seeking only perpetual injunctions without a substantive claim was incompetent and disclosed no cause of action, rendering it void. - The Court affirmed that inju

Case Details

Suit Number:CIVIL APPEAL NO. H1/99/2011
Judges:MARFUL-SAU JA (PRESIDING), HONYENUGA JA, AYEBI JA
Counsel:COSMOS ANDOH FOR THE PLAINTIFFS/APPELLANTS,MICHAEL AKOWUAH FOR THE DEFENDANTS/RESPONDENTS

MARFUL-SAU, JA: - This appeal is against the judgment of the High Court sitting at Sefwi- Wiawso dated the 12th June 2009. In the judgment the trial High Court dismissed plaintiffs/appellants claims and also dismissed the defendants/respondents counterclaim except relief (iii). The plaintiffs to be known as appellants in this appeal by their amended writ of summons claimed the following reliefs against the defendants who are referred to as respondents herein:-

a) An order of perpetual injunction restraining the defendants their agents, assigns, workmen etc from re-demarcating or setting out new boundaries of admitted farms B1, B2, B8, B9 and B14 all situate in the Krokosua Forest Reserve in the Sefwi Juabeso District which said farms were demarcated and released by the Forestry Commission to the stools of families of which plaintiffs are occupants and heads respectively.

b) An order of perpetual injunction restraining the defendants from cutting down food crop cultivated on the admitted…

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