ENNIN v. AMPAH AND OTHERS

JUDGMENT OF OSEI-HWERE J.

The plaintiff has brought his motion praying the court for an order of interim injunction against the defendants restraining them from entering the top floor of house No. F.9/1, Aboom Road, Cape Coast, and in particular the room of the deceased until the final determination of the suit. This motion is the sequel to an order made by this court restraining the plaintiff and members of his family from doing anything to change the character of the building by tampering [p.953] with locks and other fittings of the house. By his affidavit in support, the plaintiff complains that the defendants have taken advantage to do the very thing prohibited of them. The affidavit goes on to make the following complaints:

“5. That about two weeks ago the defendants broke the lock of the hall of the house and installed a new one without the consent of any one.

6. That two days ago the second defendant and her son entered the room of the deceased. The second defendant and her son ransacked the room of the deceased.

7. That while the first defendant lives in the bottom floor of the house, the remaining defendants do not live in the house at all.

8. That neither the first defendant nor the remaining defendants have any business on the top floor which is occupied by their sister, Mrs. Agnes Abban.

9. That the defendants are presently not on speaking terms with the said Agnes Abban who is a member of the deceased family.

10. That there is tension in the house between the defendants, particularly the first defendant and the said Agnes Abban and the tension is aggravated from time to time by the defendants' forcible entry into the rooms of the top floor where Agnes Abban lives.

11. That if the defendants are not restrained from intermeddling with the estate of the deceased by constantly ransacking his room, and if they are not restrained from making further incursions into the rooms of the top floor, the situation will explode in no time.

12. That the defendants have nothing to lose if they are restrained from entering the room of the deceased or the top floor."

In their affidavit in reply, the defendants say that the house in dispute is not only the subject of the bequest to them by "samansew", as pleaded, but that they hold letters of administration with the "samansew" annexed from the High Court. They deny that they were the cause of any tension between them and their sister, Mrs. Abban, and point out that although the order for interi