DANDYCYN LIMITED
V.
THOMAS ANOKYE AND ANOTHER

(2019) JELR 69905 (HC)    
High Court  ·  SUIT NO: RPC /06/2016 ·  11 Jun 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Core Terms Beta
court
applicants
respondent
registrar
reserved price
valuation report
irreparable damage
order of the court
respondent’s case
supreme court
balance of convenience
civil procedure
considered opinion
instant application
interlocutory injunction
status quo
unregulated discretion
absence of a clear case of capricious exercise
abuse of the court process
applicants’ case
case of owusu v owusu-ansah
default judgment
english case of williams v williams
exceptional circumstances
exercise of such discretion
expense of the applicant
favour of the respondent
foremost consideration
grant of interlocutory injunction
grant of the interlocutory injunction
harlsbury laws of england
high court
honourable court
judgment debtors
lands commission
legal principles
notice of appeal
notice of counsel
order of interlocutory injunction
practical approach
protection of rights
registrar of the honourable court
registrar of this court
relief of interlocutory injunction
reserved price of the applicant
respect of an application
re yendi skin affairs
rule of law
support of this point counsel
trial judge

RULING

This ruling is in respect of an application filed on behalf of the Defendants/Judgment Debtors/Applicants (hereinafter called the Applicants) praying the Honourable Court for an order of interlocutory injunction restraining the Plaintiff/Judgment Creditor/Respondent (hereinafter called the Respondent) either by itself, its agents, privies, assigns, servants or otherwise howsoever including the Registrar and Auctioneer from auctioning property situate on Plots 115 and 116 Block “EE”, Patuda/Daban, Kumasi.

The background facts to the application are that a default judgment was given in favour of the Respondent on 22nd November, 2016. The Respondent subsequently went into execution and applied for a reserved price to be set by the Court for the sale of the properties attached in execution. The applicants herein objected to the valuation report commissioned by counsel for the Respondent and upon an application by the applicants herein, the court ordered the Registrar of this court to…

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