KOFI ANUM FAMILY OF TESA V. FALCON CREST INVESTMENT (CONS.)

RULING Introduction The plaintiffs in the 1st suit brought an application for injunction seeking to restrain all the parties from dealing with the land in dispute until the final determination of the suit. On 18th May 2021, while counsel for the plaintiff was about to move his application, counsel for the defendants in the 1st suit raised a preliminary objection to the hearing of the application. The said objection is based on three main grounds. Grounds for the preliminary legal objection Firstly counsel argued that there was an earlier application for injunction which was dismissed by the court, differently constituted, on 19th March 2019. When the said application was dismissed, the applicants could have appealed against it but they failed to lodge any appeal. He argues that in so far as this court, differently constituted, heard an application for injunction and gave a decision on the merits, this court has become functus officio with respect to any injunction applicati...