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NANA EGUADZI ESSOUN III & ANOTHER v. EKOW KOOMSON

2006

COURT OF APPEAL

GHANA

CORAM

  • OWUSU, JA {PRESIDING}
  • PIESARE
  • MRS. ABBAN, JJA

Areas of Law

  • Civil Procedure
  • Customary Law

AI Generated Summary

In this case, the Plaintiffs sought to restrain the Defendant from burying deceased persons on certain lands without observing customary law. Their initial application for injunction was dismissed and the Defendant succeeded with a motion to strike out the suit. The trial judge dismissed the suit under Order 25 rule 4 for disclosing no cause of action and a perceived conflict with public policy. The Plaintiffs appealed, but the appeal was dismissed. The higher court found that public policy concerns were not grounds for dismissal under Order 25 rule 4, but struck out the suit as vexatious, confirming that inherent jurisdiction should not be used if an alternative remedy is available.

JUDGMENT