EBENEZER MANLY-SPAIN vs IBRAHIM SIBIE & 2 ORS
March 3, 2023
HIGH COURT
GHANA
CORAM
- JUSTICE EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
March 3, 2023
HIGH COURT
GHANA
CORAM
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On the 24th day of January, 2023, the Plaintiff/Applicant filed the instant Application praying the Court for an Order of Interlocutory Injunction restraining the Defendant /Respondent from doing anything in respect of the Judgment given on the 20th day of December, 2022 until the final determination of an Appeal in this case.
There is evidence before me depicting that as at the time the Applicant filed the instant Application no Notice of Appeal had been filed.
It is salient to note however that the Notice of Appeal was filed on the 10th day of February, 2023 which is procedurally wrong in law.
In the circumstance I accordingly dismiss the Application.
EMMANUEL AMO YARTEY (J)
AI Generated Summary
On January 24, 2023, the Plaintiff/Applicant moved the court for an interlocutory injunction to restrain the Defendant/Respondent from taking any steps in relation to a judgment delivered on December 20, 2022 until an appeal was finally determined. The court recorded that when the application was filed, no Notice of Appeal had yet been filed. Although a Notice of Appeal was later lodged on February 10, 2023, the judge held that this filing was procedurally wrong. Because the injunctive relief was sought in aid of an appeal that had not been properly instituted, the court found no legal basis to grant the extraordinary interim remedy and accordingly dismissed the application.