BOTWEY v. EDWEY IX

In a long-running land dispute originating from a 1973 writ in the High Court, Cape Coast, Essiem J.A. delivered the Court of Appeal’s reserved reasons for its 15 November 1990 decision allowing an appeal against a 30 May 1986 interim order. The High Court had earlier restrained both sides (per Sampson Baidoo J.), and the Court of Appeal in 1975 varied that injunction to preserve the status quo while permitting completion only of structures already begun. In 1986, Kwame Emmisah, aligned with the defendants, sought leave to complete construction in the disputed area, although his affidavit revealed he had not commenced any building. The High Court granted his application, misapprehending the facts and failing to consider that, under article 121(3) of the 1979 Constitution, inferior courts are bound by Court of Appeal decisions. Citing Harding v. Tingey and Spokes v. Banbury Board of Health, the appellate court emphasized that injunction orders must be obeyed to the letter, rejected arguments premised on alleged counter-breaches, set aside the High Court’s order, and affirmed that its earlier injunction remains binding on all parties and privies.