[2011]DLCA7925June 24, 2011Court of Appeal

KOFI VINYO AND CO. LTD (DEFENDANT/RESPONDENT/RESPONDENT) vs. K.N.U.S.T, KUMASI (PLAINTIFF/APPLICANT/APPELLANT)

MARIAMA OWUSU, J.A. On the 23-8-2010, the Circuit Court, Sunyani ruled as follows: “To preserve the status quo ante which allowed the Defendant to process its timber at the Plaintiff’s premises for export, the court will refuse the application for Interim Injunction and urged the parties to co-operate with the court to expeditiously deal with the substantive case. Plaintiff’s application on motion for Interim Injunction is thus refused. There will be cost of GH¢250.00 awarded against the Plaintiff/Applicant”. Dissatisfied with the said ruling, the Plaintiff/Applicant/Appellant filed the instant Appeal. The Grounds of Appeal are as follows: 1. That the ruling is against the weight of evidence presented before the Learned Trial Judge. 2. The Learned Trial Judge wrongly exercised his discretion in favour of the Defendant by refusing the application for Interlocutory Injunction. The Relief sought from this court: That the whole ruling of the Cir...