GEORGE AWUKU & ANOR. V. ADWOA NYARKO TUMTUO
(2020) JELR 107262 (HC)
High Court
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LD/0008/2020
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10 Mar 2020
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Ghana
Coram
NICHOLAS M. C. ABODAKPI
Appearances
KOFI SARFO KANTAKA HOLDING BRIEF FOR JOSEPH
NICHOLAS NKRUMAH FOR PLAINTIFFS/APPLICANTS -PRESENT.
MAAME BIRAGO YEBOAH FOR THE DEFENDANT/ RESPONDENT β PRESENT.
Judgement
<p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p>R U L I N G </p><p>The motion on notice for interlocutory injunction under consideration has been filed on 02/10/2019, with a supporting affidavit and annexures. </p><p>The action itself, as commenced with a Writ of Summons taken from the Registry of this Court is on the same date aforementioned. </p><p>Declaration of title, recovery of possession and injunction were some of the Reliefs indorsed therein. </p><p>The interlocutory injunction application has been opposed. This could be found in the affidavit of Adwoa Nyarkor Tumtuo (the Defendant herein) Respondent. </p><p> 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. </p><p>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: </p><p>1. An Applicant must establish that he has a right or interest in theβ¦</p>