NENE DUGBARTEY TETTEYGA II AND OTHERS vs. SAPPOR

On 11 April 1962, the plaintiff-applicant-respondent (hereinafter called the plaintiff), who did not appear at the hearing of this appeal, filed in the High Court, Accra, a writ of summons, entitled E. T. A. Sappor etc. v. Nene D. Tetteyga II etc., in which he claimed against the defendant-respondent-appellant (hereinafter called the defendant): (i) £G300 (¢600.00) damages “for disturbance of and/or interference with the plaintiff’s market, commonly called and known as “Ada-Foah Market,” and (ii) an order of perpetual injunction. Subsequently, the plaintiff made an application to the court for an order of interim injunction to restrain the defendant from interfering with the market, but on 24 April 1962, this application was withdrawn upon the defendant giving an undertaking to keep an account of the proceeds of the market which he had established in rivalry to the plaintiff’s market. On 26 June 1962, the plaintiff repeated his application for an interim injunction upon the...