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IKEMARC REAL ESTATE v. NII ANDREWS KOTEY NMASHIE & 5 Ors.

(2019) JELR 107298 (HC)

High Court  •  LD/0113/2019  •  21 Mar 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

BY COURT: RULING

This application for an order of interlocutory injunction has been filed by 1st, 5th and 6th Defendants.

It is ORDER 25 of C.I. 47/04 which is the applicable rule of procedure. And in Rule 1, it is provided hat an order of interlocutory injunction may be granted when it is JUST and CONVENIENT to do so.

But the guiding principles are these:

1) The applicant must establish that, he has an interest or right in the subject matter of the litigation that has been flouted or threatened unjustifiably.

2) Applicant must establish that there are serious legal and factual matters raised by the action, which cannot be seen as frivolous.

3) Applicant must show that on the balance of convenience, he will suffer irreparable injury if the acts complained about are permitted to continue.

Finally, applicant must adduced sufficient affidavit evidence from which the status quo must be found and a determination made by the court as to whether to maintain it or alter same.

This Court…

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