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STEPHEN COFIE v. MRS FELICIA ACHEAMPONG

2015

COURT OF APPEAL

GHANA

CORAM

  • HER LADYSHIP JUSTICE CECILIA H. SOWAH, J. A. SITTING

Areas of Law

  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

The court dismissed the application for an interlocutory injunction filed on 26th June 2015, finding it without merit and an abuse of process. Previously similar applications for Stay of Execution had been dismissed. The court clarified its jurisdiction is not negated by prior dismissals, and emphasized that a trial judge is functus officio after final judgment except for specific permitted applications like Stay of Execution. Challenging a judgment properly requires filing an appeal. The court found that the injunctive remedy is available only in cases of legal or equitable rights and ruled that the appellant could not assert a right superior to the respondent's in this instance.

RULING