YAW AGYEI, AGNES KORANKYE, RITA GYAMFUWAA AND FRED ANSONG DWAMENA
V.
MIKE SIMILAO

(2011) JELR 65488 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/28/2011 ·  23 Nov 2011 ·  Ghana
CORAM
ATUGUBA JSC (PRESIDING) ,DR. DATE-BAH JSC, ANSAH JSC, BONNIE JSC , AKOTO-BAMFO JSC
Core Terms Beta
court
application
cause list
court of appeal
day
appeal
matter
parties
appellants
particular day
plaintiffs
case
dzakpasu j
high court
ofori-attah j
rule
court room
decision of the high court
exceptional circumstances
motion list
shardey v adamtey
specific points of law
absence of a suit
appellants’ notice
basis of papers
breach of natural justice
consideration of the statement of case
dzakpasu j.
exercise of the discretion
further appeal
grounds of appeal
high court civil procedure rules
honorable court of appeal
lawful authority
list of the court
matter of discretion
order of interlocutory injunction
order of the court
parties of the fact
perusal of the record of appeal shows
plaintiffs’ application
relevant authorities
relevant rules of court
said court
similar circumstances
support of grounds
trial court

JUDGEMENT

ANSAH JSC.

The plaintiffs issued a writ of summons before the High Court, Accra, but the defendant entered a conditional appearance to it; subsequently, the plaintiffs filed an application for an order of interlocutory injunction on 12-7-2007 to be moved on 30-7-2007. As was to be expected, the application was opposed by the defendant who tendered some exhibits.

The application which was put before the court presided over by Ofori-Attah J, was adjourned to 1-11-07 for hearing.

When the application came before the court presided over by Dzakpasu J, he dismissed it on 1-11-2007.

When the plaintiffs appealed against the decision of the High Court to the Court of Appeal it dismissed the appeal resulting in a further appeal to this court. The plaintiffs are the appellants herein and the defendant the respondent.

The grounds of appeal were that:

“i, The judgment is against the judgment weight of evidence.

ii The Court of Appeal erred by holding that the High Court was seized with power to…

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