LUTTERODT J.: The plaintiffs instituted this action against the defendants for the reliefs indorsed on the writ. The three defendants not only filed a statement of defence but counterclaimed for two reliefs, namely a declaration that leases granted to certain persons by the plaintiffs were void and of no legal effect, and also for the ancillary relief of perpetual injunction to restrain the plaintiffs from interfering with or disposing of the lands known as the Ablekuma lands.
At the hearing of an application for interim injunction filed by the third and fifth defendants, the plaintiffs’ counsel raised a preliminary objection in law. His argument was that in so far as the defendants themselves admit that the plaintiffs are being prosecuted for the criminal offence of felony before the public tribunal with respect to these same lands, the civil action by their counterclaim is not maintainable and therefore the application for interim injunction which is based on the substantive action i…