judy.legal
Login Register

ROCHELLE OWUSU ANTWI v. SAMUEL LARBI DARKO

(2019) JELR 107425 (HC)

High Court  •  LD/1024/2018  •  22 Mar 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

BY COURT: RULING

The Plaintiff/Applicant (herein after) simply referred to as Applicant is seeking an order of interlocutory injunction against Defendant/ Respondent (herein after) referred to as Respondent.

This is an application permitted by ORDER 25 of C.I. 47/04. In Rule 1 of the Order stated supra, an order of interlocutory injunction may be made, when it is JUST and CONVENIENT to do so.

It is a discretionary jurisdiction conferred on the Court, and it is properly exercised, when the ends of justice is served. A successful applicant, is required to establish the following conditions:

1. That he has a right of interest in the subject matter of dispute, a right which is enforceable at law or equity, that has been flouted unjustifiably by respondents conduct.

2. That the action has raised serious questions of law and fact that must be investigated.

3. That on the balance of convenience, he stands to suffer irreparable injury if the conduct of respondent is permitted to …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login