MADAM AKOSUA ATTA v. ABENA NKYEM & OTHERS
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI JA (PRESIDING)
- DZAMEFE JA
- WELBOURNE (MRS) JA
Areas of Law
- Civil Procedure
- Probate and Succession
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves the Plaintiff's action against the Defendants for declarations regarding her status as the surviving spouse of the Deceased and the validity of the Deceased's Will. The Plaintiff sought interlocutory injunctions to restrain the Defendants from certain actions concerning the disputed properties, citing ongoing harassment. The trial court granted limited protective orders but denied broader injunctions, leading to the Plaintiff's appeal. The appellate court affirmed the trial court's decision, citing judicial discretion and the necessity of preserving trial subject matters without excessive interlocutory measures. The ruling emphasized the principles of appellate review over discretionary decisions and the purpose of interlocutory injunctions.
J U D G M E N T
ADUAMA OSEI JA:
In this judgment, the Plaintiff/Applicant/Appellant is referred to as “the Plaintiff”, and the Defendants/Respondents/Respondents are referred to as “the Defendants”.
On the 1st of April, 2015, the Plaintiff caused a writ of summons to be issued in the High Court, Kumasi, seeking against the Defendants jointly and severally declarations and orders which included:
i) a declaration that the Plaintiff is the only surviving spouse of the late Nana Dwumah-Ababio also known as Nana Kofi Dwumah, also known as Joseph Kofi Frempong (who shall hereafter be referred to as “the Deceased”);
ii) a declaration that a Will purportedly made by the Deceased, was not his deed and was fraudulently obtained;
iii) a declaration that the properties listed or mentioned in the said Will were all properties acquired by the Deceased jointly with the Plaintiff; and
iv) an order of perpetual injunction.
Before pleadings closed in the action, the Plaintiff on the 13th of October, 2015, filed an application for interlocutory injunction praying the High Court for orders:
i) to restrain the Defendants, their agents and privies from dealing and interfering with the properties in dispute as their self-acquired properties until the final determination of the suit;
ii) to compel the Defendants to file accounts of all proceeds from the cocoa farms, the subject matter of dispute, at the Registry of the High Court;
iii) to direct the parties to appoint two representatives each, and with the Registrar of the High Court as Manager/Receiver, to manage, superintend, or run the Menka Hotel, Kumasi and specified cocoa farms;
iv) to restrain the Defendants, their agents and privies from renting out any room to any third party;
v) to restrain the Defendants, their agents and privies from entering the matrimonial home to harass, bully, or intimidate her.
The grounds for the application, as contained in the supporting affidavits were:
i) that notwithstanding the pendency of the action, the Defendants had been frequenting the matrimonial home to attack and harass the Plaintiff;
ii) that various stores and rooms in the matrimonial home had been broken into and the Defendants had rented them all out and collected huge sums of money as rent advances;
iii) that the Defendants had, since the death of her late husband, been running and managing Menkah Hotel without accounting to anybody;
iv) that the Defendants had organised armed persons to break into the matrim