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ERNESMAY CHEMIST LIMITED
V.
BENIJAX PHARMACY AND PHARMACY AUTHORITY

(2019) JELR 69008 (HC)

High Court 16 Jan 2019 Ghana
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- The plaintiff/applicant filed an application for an interlocutory injunction to restrain the defendant/respondent from operating a retail pharmacy in close proximity to the plaintiff's pharmacy. - The plaintiff argued that the defendant's

Case Details

Suit Number:SUIT NO: GJ/360/2019
Judges:JUSTICE KWEKU T. ACKAAH- BOAFO
Counsel:MR. MICHAEL YOURI FOR THE PLAINTIFF/APPLICANT ,MR. EDWARD K. OPPONG FOR THE DEFENDANTS/RESPONDENTS

RULING

i. Introduction:

[1] Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order[1].

[2] Drawing on the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant to whom I refer simply as the Applicant has filed in this court on November 27, 2018, an application praying for:

“... an order restraining the 1st Defendant/Respondent from operating a retail pharmacy in close proximity to the Plaintiff pharmacy pending the final determination of the instant suit herein as per the grounds set out in the accompanying affidavit”

ii. The case of Plaintiff/Applicant

[3] Speaking to the mo…

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