Order 25 of C.I. 47 mandates the court to grant an order of interlocutory injunction where same is considered just or convenient.
Since the application is by motion, it falls to be determined based on the affidavits and annexures filed by the parties. The respondents; even though served with applicants' motion (through their counsel) failed or refused to file any affidavit in opposition.
The respondents are deemed to admit the depositions of the applicants in their affidavit, albeit sub silentio.
The applicants' depositions allege that the respondents' father, who was the head of the Deti family "sold the entire land to prospective developers and developed portions of the land with the proceed of the sale" – paragraph 6 of affidavit in support.
He was alleged also to have purchased other properties with the proceeds from the family land sold.
The applicants contend that the portions of the family land developed by the respondent's late father, Seth Kwami Deti, and the properties he acquir…