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ODENEHO KWAFO AKOTO III & ORS.
V.
NANA OFFEI OWOBIE VI

(2025) JELR 113125 (CA)

Court of Appeal 26 Feb 2025 Ghana
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- Plaintiffs/applicants, as Akwamu Paramount Chief and stool, sought an interlocutory injunction against defendant/respondent (Chief of Anyansu) to restrain him from alienating or dealing with Anyansu-Akwamu lands pending final determinatio

Case Details

Suit Number:H1/05/2023
Judges:P. BRIGHT MENSAH, JA JEROME NOBLE-NKRUMAH, JA HAFISATA AMALEBOBA (MRS), JA
Counsel:KWADWO ADDEAH SARFO FOR THE PLAINTIFFS/APPELLANTS. JEAN MAULLET FOR THE DEFENDANT/RESPONDENT.
Location:Koforidua

JUDGMENT

BRIGHT MENSAH JA:

My Lords, the main fulcrum around which the instant appeal revolves is the 2nd ground of appeal. That is to say, whether the lower court properly exercised its discretion when it dismissed the application for injunction the plaintiffs/appellants filed against the defendant/respondent herein. Per the appeal, therefore, we are being called upon to interfere with the exercise of the judicial discretion by the lower court. Going forward, the designation of the parties shall be maintained as the plaintiffs/applicants and the defendant/respondent, respectively.

Before proceeding to deal in detail with the merit or otherwise of the appeal, I would first of all, consider the propriety of the 3rd ground of appeal. It is that omnibus ground that the ruling is against the weight of evidence. The ground of appeal sins against the hallowed principle that an interlocutory appeal against a ruling or decision of a court does not admit omnibus ground of appeal. And by law…

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