Akyin iv Vrs Mensah (CA. 53/2003) [2004] GHACA 8 (12 March 2004);

IN THE SUPERIOR COURT OF JUDICATURE

IN THE COURT OF APPEAL

ACCRA  -  A.D. 2004.

CA. 53/2003

12TH MARCH, 2004

CORAM  -

LARTEY,  JA

ASARE KORANG, JA

MRS. ABBAN, JA

NANA  TAKYI AKYIN IV                 ]   …       PLAINTIFF/RESPONDENT

                        V E R S U S

NANA BREMPONG K. MENSAH  ]    …         DEFENDANT/APPELLANT

                                               J  U  D  G  M  E  N  T

MRS. ABBAN, JA -  This is an interlocutory appeal against the ruling of His Lordship K. Tweneboah-Kodua sitting at the Cape Coast High Court and delivered on the 6th September, 2001.

The facts of this case is the Chief of Ampenyi, Nana Takyi Akyin I (Plaintiff/Respondent herein) issued out a writ against the Chief of Brenu-Akyinim (Defendant/Appellant herein) claiming certain reliefs among which was an order for perpetual injunction restraining the Defendant/Appellant, his agents, workmen, assigns etc. from entering Ampenyi lands. 

The said writ was issued on 20th April 1996.  On the 21/9/2000, the Plaintiff/Respondent applied for the restoration of an order for interim injunction which had previously been struck out on the 18/12/2000 for want of prosecution.

On the 26th March 2001, the High Court, Cape Coast heard arguments for     the relisting of the motion for interim injunction, and on the 6th  September 2001, the learned trial judge as he then was delivered his ruling granting the application for interim injunction but limited it to a period of 3 (three) months “when the trial would have been fast-tracked.”

Accordingly both parties were restrained from any further use of the land    for that brief period.  It is against this ruling that this appeal has been lodged.  From the brief history of this suit, one can deduce that the order for interim injunction therefore lapsed on the 6th December 2001                                                                                                       Though notice of this appeal was filed on 11/9/2001 less than a month after the order for interim injunction had been granted, by the time the appellant filed his submission of case, there was no order to appeal against because of the lapse of the said order.  This appeal therefore has no legal basis. 

           We accordingly dismiss it.

We award costs of One million   (¢1 m) cedis to the Plaintiff/Respondent

            as against the Defendant/Appellant.

                                                                                           HENRIETTA ABBAN (MRS.)

                                                                                                JUSTICE OF APPEAL                                                                                                                

I agree.                                                                                     F.M. LARTEY

                                                                                         JUSTICE OF APPEAL

I also agree.                                                                         A. ASARE KORANG

                                                                                           JUSTICE OF APPEAL