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…

POUNTNEY V. DOEGAH

POUNTNEY
V.
DOEGAH