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ABUSUAPANYIN NANA TIITE POKU IV & ORS
V.
COMET PROPERTIES LTD & 2 ORS

(2020) JELR 114460 (HC)

High Court 29 Jun 2020 Ghana
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- The applicant sought an interlocutory injunction to restrain the respondents from continued occupation or development of disputed land, claiming recent dispossession and alteration of the status quo. - Procedurally, the application was ma

Case Details

Suit Number:LD/0102/2019
Judges:ELLEN VIVIAN AMOAH, J

RULING:  INTERLOCUTORY INJUNCTION

(ORDER 25 RULE 1(3) OF C.I. 47)

An interlocutory injunction is not a remedy that is easily granted. It is an order that is ordinarily passed in circumstances which are clear and the prima facie materials clearly justify a finding that the status quo has been altered by one of the parties to the litigation and the interests of justice demand that the status quo ante be restored by way of a  injunction.

In circumstances of that nature, the essential condition is that the party claiming it must be shown to have been in possession on the date of the order directing the parties to maintain the status quo and it must be further to shown that the party was dispossessed when the order was impending or after such an order was passed.

It may also be granted where the respondent attempts to forestall an interim or temporary injunction, such as where, on receipt of notice that an interim or temporary injunction is about to be applied for, the respondent hurries on th…

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