JULIANA BUCMAN vs. RUTH APPIAH

SOWAH, J.A.: Background Facts The plaintiff/applicant/respondent [hereinafter referred to as the plaintiff] filed her writ of summons and statement of claim on 17th April 2015 seeking declaration of title to a parcel of land, recovery of possession, damages for trespass and perpetual injunction. She followed this on 28th April 2015 with a Motion for interlocutory injunction. The defendant/respondent/appellant [hereinafter the defendant] filed her affidavit in opposition on 13th July 2015 whereupon the plaintiff filed a supplementary affidavit on 17th July 2015. In the Ruling delivered on 25th August 2015, plaintiff's application was denied. The trial judge noted that it was “significant that the plaintiff did not file any supplementary affidavit in reaction to the affidavit in opposition ……” [See page 79 of the record of appeal]. The plaintiff filed a Motion for Review of the Ruling under Order 42 of C.I. 47 on 7th September 2015. She pointed out that her supplementary af...