[1993]DLCA4324 • June 24, 1993 • Court of Appeal
BUNZU AND ANOTHER vs. ABBEYMAN FAMILY STOOL
The plaintiffs (Abbeyman Family Stool) instituted a suit claiming ownership of disputed land and sought an interim injunction against the defendants (Bunzu and another), who claimed to be caretakers appointed by the Sempe Stool. The defendants were alleged to have sold over 100 plots of the land. The Sempe Stool joined the suit as a co-defendant but had not filed a defence at the time of the application. The High Court granted an interim injunction restraining the defendants from interfering with the land pending final determination.
read moreESSIEM JA. The applicants are the defendants-appellants in this suit now pending before the High Court. Their application is for “an order staying execution of the orders made by the High Court, Accra, following an application for interim injunction by the plaintiff-respondent on 18 November 1992 pending the hearing and determination of the appeal filed against the said orders”. The orders concerned were made upon application made to the court below for an order of interim injunction against the defendants, now applicants before us. The court below had ruled that: “I hereby grant the application and make an order of interim injunction restraining the defendants their agents, servants, assigns, privies, grantees from interfering in any way with the lands in dispute pending the final determination of the suit.” The applicants, from the affidavits filed before the court, claim to be caretakers for the Sempe stool which has itself applied successfully to join the suit as a co-d...