NETTEY AND OTHERS
V.
INSPECTOR-GENERAL OF POLICE AND OTHERS

(1991) JELR 65374 (HC)    
High Court  ·  30 Sep 1991 ·  Ghana
CORAM
LUTTERODT J.
Core Terms Beta
plaintiffs
defendants
action
claim
criminal action
instant case
persons
public tribunal
family funds
general rule
interim injunction
proceedings
reliefs
selwyn
view
ancillary relief of perpetual injunction
better particulars
c.a. more
case
civil action
compelling reasons
criminal offence of felony
criminal proceedings
criminal trial
defendants’ counsel
defendants’ filing
felonious acts
fifth defendants
following textbooks
form part of such family property
further steps
good reason
hearing of an application
high court
law of torts
legal effect
lutterodt j.
plaintiffs’ counsel
policy reason
private person
private prosecution
prosecution of criminal cases
public prosecutor
r. f. v. huston
sale of these family lands
scope of this rule
simple reason
statement of defence
status quo
substantive action

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…

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