The parties had a matrimonial proceeding in the High Court
in which the Respondent requested for a divorce, custody of issues of the
marriage and division of matrimonial assets among others. As there was no
dispute on the question of divorce the marriage was declared broken down
irreparably and a decree of divorce was granted. Subsequently, the Respondent
made an application for temporary injunction in which he requested the High
Court to issue an order to the Respondent not to dispose of some of the assets
acquired during the marriage now in possession of the Respondent. The High
Court refused to grant the order.
Aggrieved by the refusal by the High Court the Appellant
filed this appeal in which he is faulting the decision of the High Court. The
Respondent raised a preliminary objection to the appeal. Among the grounds of
appeal raised is “The purported appeal is incompetent for contravening section
5(2)(d) of the Appellate Jurisdiction Act [CAP 141 R.E. 2002].”