ABUSUAPANYIN KOFI TUTU vs NANA DUROWAA NYARKO & 2 OTHERS

JUDGMENT YAW DARKO ASARE, JA This interlocutory appeal emanates from the Ruling of High Court, Kumasi dated the 24th of March 2020, whereby the trial court granted an application filed at the instance of the Plaintiff herein praying for an order of interlocutory injunction to restrain the Defendants from removing the corpse of one Baffour Kofi Senkyire (deceased) from the Komfo Anokye Teaching Hospital, laying him in state, burying, and organizing the funeral rites of the deceased, Baffuor Kofi Senkyere. We must begin our consideration of this interlocutory appeal by noting from the outset, that the central issue raised in this appeal is within a very narrow compass. It is this: whether or not in the absence of a trial, it is open to a trial Court, upon the determination of an interlocutory application, to grant the substantive reliefs endorsed on the writ of summons, when those endorsed reliefs were declaratory in nature? This, it seems to us is the pivotal issue upon which th...