[2011]DLSC2669 • November 23, 2011 • Supreme Court •
YAW AGYEI, AGNES KORANKYE, RITA GYAMFUWAA AND FRED ANSONG DWAMENA vs. MIKE SIMILAO
The appellants (plaintiffs) issued a writ of summons before the High Court, Accra. The defendant entered a conditional appearance. The appellants filed an application for an interlocutory injunction scheduled for hearing on 1/11/2007. The application was opposed by the defendant. The High Court dismissed the injunction application. The appellants appealed to the Court of Appeal, which dismissed the appeal. The appellants then appealed to the Supreme Court.
read moreANSAH JSC. The plaintiffs issued a writ of summons before the High Court, Accra, but the defendant entered a conditional appearance to it; subsequently, the plaintiffs filed an application for an order of interlocutory injunction on 12-7-2007 to be moved on 30-7-2007. As was to be expected, the application was opposed by the defendant who tendered some exhibits. The application which was put before the court presided over by Ofori-Attah J, was adjourned to 1-11-07 for hearing. When the application came before the court presided over by Dzakpasu J, he dismissed it on 1-11-2007. When the plaintiffs appealed against the decision of the High Court to the Court of Appeal it dismissed the appeal resulting in a further appeal to this court. The plaintiffs are the appellants herein and the defendant the respondent. The grounds of appeal were that: “i, The judgment is against the judgment weight of evidence. ii The Court of Appeal erred by holding that the High Court was se.....