Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



POUNTNEY
V.
DOEGAH

(1987) JELR 65330 (CA)    
Court of Appeal  ·  2 Apr 1987 ·  Ghana
 · 
Other Citations
[1987-88] 1 GLR 111
CORAM
ABBAN JA,OSEI-HWERE JA,WUAKU J.A

Ratio Decidendi

Core Terms Beta
plaintiff-appellant
lands commission
defendant-respondent
affidavit
learned circuit judge
mr kilba
plot
defence
interim injunction order
plaintiff
circuit court
counsel
disputed plot of land
east legon residential area
executive secretary of the lands commission
ghana navy headquarters
good faith
learned judge
appellant’s motion
application of the defendant-respondent
behalf of the commission
better claim
brief facts of the case
british broadcasting corporation
building plot
contents of the affidavit of mr kilba
exceptional circumstances of the present case
executive secretary of the commission
fundamental rule
good area
government plot
inadequate material
irreparable damage
last paragraph
legal basis
legal right
lieutenant-commander t. a. lartey
light of these averments
motion of the defendant-respondent
mr abass kilba
mrs juliana pountney
part of the defendant-respondent
plaintiff-appellant’s last motion
plaintiff-appellant’s request
prima facie case
said affidavit of mr kilba
statement of defence of the lands commission
uncertain terms
usual manner

ABBAN JA

This is an interlocutory appeal from the Circuit Court, Accra. The court had earlier on granted an interim injunction order restraining the defendant-respondent, Doegah, and his servants and agents from entering the disputed plot of land pending the hearing and the final determination of the suit.

However on 14 December 1984 the learned circuit judge on the motion of the defendant-respondent vacated that interim injunction order. But the plaintiff-appellant again moved the court for the same order. That is for the restoration of the injunction order and on 4 March 1985 the learned circuit judge in his ruling refused the plaintiff-appellant’s request. It is against this ruling that the present appeal was brought.

It is to be noted that while the plaintiff-appellant’s last motion was pending before the circuit court and before that court could hear the motion, the Lands Commission was joined as a co-defendant on the application of the defendant-respondent. The Lands Commission hav…

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