SAMUEL NII BI OKAI VS NII AYIBONTE ADAMS II & 3 ORS

PLAINTIFF’S MOTION ON NOTICE FOR INTERLOCUTORY

INJUNCTION PURSUANT TO ORDERS 25 RULE 1 AND 27 RULE 1OF CI 47

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Further to the Plaintiffs’ writ of summons issued on January 31, 2019, suing the Defendants herein, jointly and severally, for the following reliefs,

“i. A declaration that Defendants have breached the trust reposed in them by the Plaintiff’s family in particular and the indigenes of Achimota in general by failing to keep

proper accounts of proceeds from the commercialization of the cemetery.

ii. A declaration that Defendants have misapplied revenue generated from the commercialization of the cemetery.

iii. An order directed at Defendants to account for their stewardship for all proceeds accrued from the commercialization of the cemetery from the year 2015-2018 within one (1) month from the date of judgment.

iv. An order directed at Defendants to restore to the trust estate any deficiency which may appear where the account is taken.

v. An order directed at Plaintiff to surcharge and falsify[sic] the accounts presented by the Defendants.

vi. An order directed at Defendants to pay into the trust fund, out of their own pocket[sic], to compensate the trust fund to the value of any loss their breach has caused.

vii. An order directed at Defendants to implement the findings and recommendations of the Accounts Committee of the ATA within three (3) months from the date of judgment.

viii. Damages for breach of trust.

ix. Costs”,

the Plaintiff has filed since 20th September, 2019, the present application seeking the following reliefs:

“1. An order of interlocutory injunction to restrain the 1st to 3rd Defendants/Respondents whether by themselves, their agents, assigns, privies, servants and whomever of whatever description from:

i. Withdrawing money from Achimota Traditional Authority (ATA) Bank Account with Cal Bank Ghana Limited or any other bank, assigning, charging or otherwise dealing with any funds or proceeds from the commercialization of the Achimota cemetery.

ii. Making all forms of disbursement from the proceeds from the commercialization of the Achimota cemetery to themselves, council members and third parties

pending the final determination of the substantive suit;

2. An order for the appointment of receiver/manager of the funds or proceeds from the commercialization of the Achimota Traditiona