EBUSUAPAYIN KOBINA ISSAKA vs. EGYARE KOTOMPO

IRENE CHARITY LARBI (MRS) J.A. (1) These are two (2) interlocutory appeals from the rulings of the High Court, Cape Coast which were argued together. (2) The first ruling was delivered on 8th July, 2016. The High Court refused to grant the Defendant/Appellant’s (Defendant) application challenging the capacity of the Plaintiff/ Respondent (Plaintiff) to prosecute the motion for interlocutory injunction on the ground that the family on whose behalf the Plaintiff had sued i.e. The Royal Ebiradze Family of Abura does not exist for the Plaintiff to be the Head of Family. (3) The High Court in refusing the application reasoned that from the affidavits of both parties as well as their pleadings, the parties were strictly denying each other’s averments in their affidavits and pleadings as to the existence of the said family and by so doing have joined issues on the capacity of the Plaintiff. The High Court further held that with only the affidavit evidence and pleadings in hand,...