KOFI ANANE ADJEKUM v. MADAM FAUSTINA P. CUDJOE & ANOTHER
2015
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J.A
Areas of Law
- Civil Procedure
- Probate and Succession
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Harry P. Adjekum, seeking an interlocutory injunction pending appeal against a ruling favoring the respondents, had his application denied by Justice Angelina Domakyaareh. The court determined that Harry failed to demonstrate a legal or equitable right or potential irreparable damage. Moreover, the balance of convenience did not favor him, as granting the injunction would cause greater hardship to third parties. The court emphasized the need for judicial discretion and rejected the application to streamline the ongoing litigation over the estate of William Davies Adjekum.
Before me is a Motion on Notice for Interlocutory Injunction pending appeal. The Applicant/Appellant/Applicant herein, Harry P, Adjekum, is a son and beneficiary of the estate of the Late William Davies Adjekum who died testate on 3rd September, 1985.
The Applicant is a non-party to the suit and is therefore an intervener.
The High Court in Kumasi had earlier on, on 16th January 2015, given a Ruling in favour of the Respondents herein following an Application by the Applicant to set aside the Order of Writ of Possession granted to the Respondents on 17th December, 2014.
The Applicant being dissatisfied with the said Ruling, filed an appeal against it and filed an Application for Interlocutory Injunction pending appeal in the court below which was dismissed on 10th March, 2015.
The instant Motion is a Repeat Application for Interlocutory Injunction pending appeal. When the Application came up for hearing on 16th June 2015, Counsel for the Applicant drew the court’s attention to the fact that two members of the Panel, inclusive of the Presiding Judge, had sat in the appeal against the judgment in the substantive suit which originated in the High Court, Kumasi and that a certain statement in their judgment had become an issue for determination in the Application. Counsel therefore requested the two to recuse themselves from hearing the Application. The two judges gracefully indicated that they would consider the request favourably and consequently adjourned the case.
Subsequently, by a letter dated 3rd July, 2015 addressed to Her Ladyship the Honourable Chief Justice, the Applicant in person petitioned Her Ladyship the Honourable Chief Justice on the same concern raised by his Counsel on 16th June, 2015 in open court. This letter was received in the Chambers of the Honourable Lady Chief Justice on 6th July, 2015. Her Ladyship took prompt action on the matter and by a letter dated 8th July 2015, Her Ladyship directed Her Ladyship Justice Angelina Domakyaareh, Justice of the Court of Appeal to sit as a Single Judge of the Court of Appeal to deal with the Interlocutory Injunction pending in the instant case at the Court of Appeal, Kumasi. Her Ladyship the Honourable Chief Justice invoked the powers conferred on her by Article 138 of the 1992 Constitution to issue the said directive to Her Ladyship Justice Angelina Domakyaareh.
The Motion was then listed for hearing on 27th July 2015 at the Court of Appeal, Kumasi. The case was accordingly called before Her