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ALVARO QUAO
V.
DAVID KOBIA

(2020) JELR 114451 (HC)

High Court 4 Jun 2020 Ghana
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- Plaintiff applied for an interlocutory injunction following a dispute over land possession and title, asserting rights derived from a 2001 consent judgment and an associated Trust incorporating the disputed land for the benefit of La citi

Case Details

Suit Number:LD 0485/2019
Judges:ELLEN VIVIAN AMOAH, J
Location:Accra

RULING

Applications for injunctions are very often seen as run of the mill applications. However when one considers the genesis of the locus classicus case of American Cynamide vrs Ethicon 1975 AC it is the case that injunctions came to be granted in circumstances where the legal remedies were inadequate, in- complete, or wholly wanting, there equity created new remedies to prevent the perpetuation of wrongs and injustice especially in circumstances where no efficient remedy lies.

It is a core function of the administration of justice to  be malleable in accordance with prevailing times. This view is re-echoed in the case of Taylor v. Salmon 2 (I838) 4 Mvlne & Cr. iu. where Lord Cottenham stated thus:-

" It is the duty of a court of equity………… to adapt its practice and course of proceedings, as far as possible, to the existing state of society, and to apply its jurisdiction to all those new cases which, from the progress daily made in the affairs of men, must continually arise, and not, …

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