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GEORGE AWUKU & Anor. v. ADWOA NYARKO TUMTUO

(2020) JELR 107262 (HC)

High Court  •  LD/0008/2020  •  10 Mar 2020  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

R U L I N G

The motion on notice for interlocutory injunction under consideration has been filed on 02/10/2019, with a supporting affidavit and annexures.

The action itself, as commenced with a Writ of Summons taken from the Registry of this Court is on the same date aforementioned.

Declaration of title, recovery of possession and injunction were some of the Reliefs indorsed therein.

The interlocutory injunction application has been opposed. This could be found in the affidavit of Adwoa Nyarkor Tumtuo (the Defendant herein) Respondent.

In ORDER 25 Rule 1 of the High Court, Civil Procedure Rules. C.I. 47/04, the High Court is invested with discretionary jurisdiction to grant an order of interlocutory injunction when it is JUST and CONVENIENT to do.

However, this power is properly exercised, with the guide of principles developed in case law on the subject. I will summarize these guiding principles as follows:

1. An Applicant must establish that he has a right or interest in theā€¦

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