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KWEIKAILEY KOTEY _ 3 ORS. v. SAMMY WILLIAMS _ ANOR.

2004

COURT OF APPEAL

GHANA

CORAM

  • PROF. KOTEY JSC
  • OWUSU (MS.) JSC
  • LOVELACE-JOHNSON (MS.) JSC
  • PROF. MENSA-BONSU (MRS.) JSC

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This interlocutory appeal arises from the High Courts 28 July 2003 order restraining both the Kotey family plaintiffs and defendants Buagwan Asnani and Sammy Williams from dealing with House No. D930/3 near the Supreme Court building in Accra. Plaintiffs claim title, seek invalidation of a 1977 lease granted by Emmanuel Cofie Hagan, and request injunction, damages, and possession. Defendants rely on prior determinations: a 1960 Local Court ruling, a 1961 High Court judgment by Ollenu J (affirmed in 1969), a Circuit Court judgment against tenants, a Court of Appeal dismissal (Exhibit E), and the Supreme Courts refusal of special leave. Applying Venderpuye v Nartey and American Cyanamid principles, and noting modern requirements of a legally maintainable claim, the Court of Appeal found grave legal objections to the plaintiffs claim, the balance of convenience favoring defendants, allowed the appeal, set aside the injunction, and ordered expedited trial.