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MR. ELVIS AMPONSAH & Anor v. MADAM CYNDY & 3 Ors.

(2019) JELR 107227 (HC)

High Court  •  LD/0162/2019  •  15 Feb 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

This Court heard Counsel on his motion filed on 10/12/2018. He stated there is an affidavit in support and annexures. He stated on injunction ex parte has been granted earlier on.

BY COURT: RULING

1. In interlocutory injunction application an applicant is enjoined to establish the following:

(i) That he has a right or interest in the subject matter of the litigation, which has been flouted or threatened by the unjustifiable conduct of the Respondent in the action.

(ii) That on the balance of convenience he stands to suffer irreparable damage if the Respondent is permitted to continue with the conduct, he seeks to enjoin, in the action.

(iii) That the Claim/Reliefs indorsed in the action are not frivolous and that there are serious questions of law and fact, which have been raised in the action.

(iv) That the status must not be determined by the Court and addressed so as to ensure substantial justice. In other words, Applicant must adduce evidence to establish the status quo, and …

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