CaseLaw
Uzuda Vs. Ebigah (2009) CLR 7(i) (SC)
Judgement delivered on July 17th 2009
Brief
Facts
In this matter the Plaintiffs in suit No. AHC/52/86 has claimed against the Defendants jointly and severally a declaration of right of occupancy, damages for trespass and injunction in regard to the land in dispute situate in Ahoada Judicial Division. The Defendants as Plaintiffs in a cross-action No. AHC/107/86 have also claimed similar reliefs against the Plaintiffs as in Suit No. AHC/52/86 as Defendants, in respect of the same land in dispute as in the aforementioned suit. The two suits have been consolidated.
The Defendants in AHC/52/86 have filed an application for an interlocutory injunction to restrain the Plaintiffs from entering the land in dispute. Sequel to its ruling on this application, the trial Court on 16/10/87 has acceded to the application, thus restraining the Plaintiffs from entering the land in dispute. However, the Plaintiffs have not reacted immediately to the order or injunction until 31/10/88 when by an application they have prayed the trial Court to vary the order of interlocutory injunction to restrain both parties to the suit. In a considered ruling the trial Court refused their prayer declaring that it has become functus officio in respect of the matter. The Plaintiffs have felt aggrieved by the decision and have appealed to the Court of Appeal (Court below) on a Notice of Appeal containing 7 grounds of appeal as per a Notice of Appeal dated 1/6/89. The Defendants also being dissatisfied with some aspects of the trial Court's decision have cross-appealed to the Court of Appeal upon a Notice of Appeal dated 2/6/97 in which they have raised two grounds of appeal.