CYNTHIA OSEI KOFI & ANOR V. ALHAJI IBRAHIM ISSAKA & ANOR

JUDGMENT

AVRIL LOVELACE-JOHNSON JA:

This is an appeal against the ruling of the High Court granting an order of interlocutory injunction against the Defendants/Appellants

The Plaintiff/Respondents had sought the injunction against the Defendants and the court in its ruling had injuncted both parties.

Per their grounds of appeal, the Appellants contend that the trial Judge failed to exercise her discretion in accordance with the correct principles of law governing such applications and that the ruling is against the weight of evidence. On this basis, they seek a setting aside of the said ruling and a ruling made in their favour.

Regarding the first ground of appeal, it is to be borne in mind that an appellate court will be loathe to disturb the exercise of discretion by a lower court unless the circumstances are exceptional. See CRENTSIL V. CRENTSIL (1962) 2 GLR 171 where the Supreme Court stated as follows

As to appeals from the exercise of the courts discretion, it is a rule of law deep ro…