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WESTERN STEEL & FORGINGS LTD. & 2 ORS
V.
GUARANTY TRUST BANK GH.LTD.

(2023) JELR 110500 (CA)

Court of Appeal 8 Mar 2023 Ghana
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- The case involves an application for an Order of Interlocutory injunction. - The application is brought under Order 31 rule (d) of C. I. 19. - The court determines that Rule 31 of C. I. 19 is not the applicable rule. - The court decides t

Case Details

Suit Number:H3/243/2023
Judges:Sowah, JA. (PRESIDING) Bartels-Kodwo, J.A Anku-Tsede, J.A.
Counsel:Philip Jimanor for Defendant/Respondent/Respondent. Opoku Boateng for Plaintiffs/Appellants/Applicants.
Location:Accra

SOWAH, J.A.:

We have before us an application for an Order of Interlocutory injunction brought under Order 31 rule (d) of C. I. 19 (sic). Rule 31 of C. I. 19 is on the general powers of this court and sub-rule (d) states:

“The Court may:-

(d) direct the court below to enquire into and certify its finding on any question which the Court considers fit to determine before final judgment”

Clearly this cannot be the applicable rule.  Rather than dismiss the application for incompetence, we will proceed to look at its merits.

On 21st May, 2020, an Order was made by the High Court in Suit No. RPC/176/12 for Delivery of Possession of a House No. 168, Dzorwulu to the Defendant/Respondent/Respondent herein.  Subsequently, on 1st Decemebr, 2020, the court dismissed an application by the Plaintiffs/Appellants/Applicants herein to set aside the auction sale of H/No. 168 and declare the Certificate of Purchase null and void.

An application to the trial court for stay of execution was dismissed on 1st Ju…

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