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ENOCH FRANCIS ANNAN TETTEH v. JOSEPH ADJEI OSABUKLE & 8 ORS

November 6, 2019

COURT OF APPEAL

GHANA

CORAM

  • OFOE J.A. (PRESIDING)
  • TANKO-AMADU J.A.
  • POKU-ACHEAMPONG J.A.

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This interlocutory appeal arises from internal disputes within the Okpong-We Family in Accra over leadership and control of family land. The Appellant, who claims to be the lawful head of family, sued after a Daily Guide publication reported that Nuumo Adjei Kwanko II and elders had stripped him of headship, alleging the Respondents were destabilizing the family and unlawfully selling and encouraging development on family land. The High Court refused his application for an interlocutory injunction, directing that the status quo ante remain. On appeal, the Court of Appeal reviewed the pleadings and affidavits, emphasized injunctions are equitable and must be granted where just and convenient, and found the Trial Judge failed to exercise discretion judicially by declining to decide without evidence. Applying American Cyanamid and Ghanaian authorities, the Court restrained both parties to hold the balance evenly and remitted the case to a differently constituted High Court for expeditious trial.

JUDGMENT