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YASALA COMPANY LIMITED
V.
CHRIS AVIAH GYERI & 2 ORS

(2024) JELR 112605 (CA)

Court of Appeal 7 Nov 2024 Ghana
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- The Court of Appeal set aside the High Court’s order vacating an interlocutory injunction, holding that a court of co-ordinate jurisdiction lacks power to discharge such an order absent jurisdictional error or procedural irregularity (Mos

Case Details

Suit Number:H1/171/2024 & LD/0524/2009 (CONSOLIDATED)
Judges:ERIC KYEI BAFFOUR, JA CYRA PAMELA KORANTENG, JA CHRISTOPHER ARCHER, JA
Counsel:PRUDENCE BATINGE FOR PLAINTIFF/APPELLANT. HANIFA YAYAH FOR DEFENDANT/RESPONDENT.
Location:Accra

JUDGMENT

ARCHER, JA:

This is an appeal from the Judgment of the High Court, Land Division, Accra, dated 16th May 2022, which set aside an Order of Interlocutory Injunction granted by another Court of co-ordinate jurisdiction restraining parties from committing acts of trespass pending the determination of Suit No. LD/0524/2019, after an Order consolidation of Suit No. LD/0524/2019 and Suit No. LD/0620/2019 and a transfer to Land Court 6, Law Courts Complex, Accra.

In this Judgment, the Plaintiff/Appellant shall be referred to hereafter as the Plaintiff and the 2nd Defendant/Respondent shall be referred to as the Defendant. The Plaintiff’s case is that on 19th March 2019, it commenced Suit No. LD/0524/19 against the Defendant claiming the following reliefs:

“a. Declaration of title to a 0.73-acre piece of land at Dawhenya

b. Recovery of possession and

c. An order for perpetual injunction restraining the Defendants, their agents, assigns, workmen and indeed any person (s) claiming through the…

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