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VOICE OF THE LORD EVANGELICAL CHURCH
V.
APOSTLE SAMUEL DADZIE

(2022) JELR 110101 (CA)

Court of Appeal 12 Apr 2022 Ghana
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- The case involves an interlocutory appeal from an application for an interlocutory injunction filed by the Plaintiff/Appellant to restrain the Defendant, a former president of the Church, from interfering with its right, title, and intere

Case Details

Suit Number:H1/40/2021
Judges:Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.
Counsel:Akweley Bafloe Esq. for Plaintiff/Appellant. Kin Hussein Esq. for Defendant/Respondent.
Location:Koforidua

JUDGMENT

SOWAH, J.A.

This interlocutory appeal emanates from an application for interlocutory injunction filed by the Plaintiff/Applicant/Appellant to restrain the Defendant who is a former president of the Church from interfering with its right, title and interest in the parcel of land which is the subject of the dispute until the final determination of the suit.

On 23rd April 2021, the High Court Nkawkaw dismissed the application after concluding that the plaintiff/applicant had not been able to establish a prima facie case, and it would not be just or convenient to grant the application.

Dissatisfied with the ruling, the plaintiff filed an appeal against same to this Court on 11th May 2021. The two grounds of appeal are that the ruling is against the weight of evidence filed before the Honourable court; and that the learned trial Judge erred when he held that the plaintiff/applicant has not established a prima facie case to warrant the grant of an injunction.

In this judgment, the pl…

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