[2020]DLCA9855 • December 9, 2020 • Court of Appeal
OPANIN YAW NKRUMAH (SUING FOR HIMSELF AND ON BEHALF OF ASONA FAMILY OF SEFWI SAYERA vs. KWASI AMPEM @ ISAAC APPIAH KWADWO MINTAH, A FARMER SEFWI SAYERANO EXECUTORS OF THE LATE OPANIN KOFI TWENEBOAH NO)
JUDGMENT OF GEORGINA MENSAH-DATSA (MRS.), J.A. This is an interlocutory appeal by the Defendants/Respondents/Appellants (hereinafter Appellants) against the ruling of the High Court, Sefwi Wiawso dated 12th December, 2017 granting an order of interlocutory injunction against the Defendants/Respondents/Appellants and appointing a Manager/Receiver to manage the cocoa farm in dispute. The grounds of appeal are as follows: 1. The learned trial Judge erred when he granted the application for interlocutory injunction against the Defendants/Respondents/Appellants. 2. The learned trial Judge erred when he failed to take into consideration the interest and the survival of the widow and children of the deceased. 3. From the pleadings and the affidavit evidence on record it would have been more equitable and just to have refused the application for Interlocutory Injunction and/or appointing a Manager/Receiver to manage the cocoa farm in dispute. 4. Additional grounds of appeal to be fil...