BAFFOUR KWAME AFRABAN II & 9 ORS v. CECILIA AURTHUR & 5 ORS

ADJEI,J.A:

The Defendants/Appellants dissatisfied with the ruling delivered by the Circuit Court, Akim Swedru which granted an interlocutory injunction against them on 20th March, 2014 applied for leave to appeal against it.

The facts of this case were that the Plaintiffs describing themselves as Kingmakers, Principal sub chiefs and the Abusuapanin of Akyem Achiase in the Akyem Traditional area brought the action which has culminated in the instant appeal against the Defendants in their capacity as the members of the Funeral Committee of Akyim Achiase.

The Plaintiffs applied for an interlocutory injunction against the Defendant from restraining them from constituting themselves as Committee members. The Defendants resisted the Plaintiffs’ application but the Court granted the application as stated here under:

“1. Accounts No. 2641620000166271 at the South Birim Rural Bank Akim Achiase in the name of the funeral committee is frozen. Nobody should deposit money into the account or withdraw money from the account.

2. The funeral committee should not render account to anybody until the final determination of this suit.

3. From now on the family head and the family chiefs should see to organize the funeral of a member who dies and pay the donation which should have gone to the funeral committee in to court”.

The Defendants dissatisfied with the ruling of the trial Circuit Court delivered on 20th March, 2014 filed a motion for leave to file an interlocutory appeal against the said ruling. The application on notice for leave to appeal against the ruling of the Circuit Court Akim Swedru delivered on 20th March, 2014 was filed on 11th April,

On 15th April, 2014, the trial Circuit Judge granted leave to the Defendants to appeal against the said decision of the Circuit Court to the Court of Appeal. Pursuant to the leave granted, the defendants filed their notice of appeal on 12th may,2014. The Notice of appeal had four grounds of appeal namely:

“a. The learned trial Judge erred by exercising his discretion wrongly and/or inadequate evidence.

b. The trial court Judge erred when he claimed the plaintiffs are the Council of Elders of the Community of Akim Achiase.

c. The trial court Judge erred when he claimed that the Defendants rendered accounts to the Chief without the Plaintiffs when same is not borne by any evidence on record.’

d. The trial court Judge erred when he failed to

determine the capacity of the Plaintiffs”.

The record of appeal was compil