ROCHELLE OWUSU ANTWI
V.
SAMUEL LARBI DARKO

(2019) JELR 107425 (HC)    
High Court  ·  LD/1024/2018 ·  22 Mar 2019 ·  Ghana
CORAM
NICHOLAS M.C. ABODAKPI
Core Terms Beta
applicant
land
exhibit
respondent
numo nmashie family of teshie
court
deposition
order of interlocutory injunction
action
application
djirase family of la
grant
source of title
acting head of family
acts of adverse possession
addition applicant
advanced stage
allodial title holder
apparent grave issues
applicant’s second grant
balance of convenience
contentious issues
daniel nii adzete adzei
development of the land
discretionary jurisdiction
executive instrument
fact
following conditions
identity of applicant
issue
land title certificate
limited period
new grantor family
nii sodja obodai
opposition
plots visa vis
proper case
right of interest
rule
said family
samuel larbi darko’s favour
second grant of same land
serious questions of law
source of title of respondent
status quo
subject matter of dispute
successful applicant
sufficient evidence
true source
vested lands division of the land commission

BY COURT: RULING

The Plaintiff/Applicant (herein after) simply referred to as Applicant is seeking an order of interlocutory injunction against Defendant/ Respondent (herein after) referred to as Respondent.

This is an application permitted by ORDER 25 of C.I. 47/04. In Rule 1 of the Order stated supra, an order of interlocutory injunction may be made, when it is JUST and CONVENIENT to do so.

It is a discretionary jurisdiction conferred on the Court, and it is properly exercised, when the ends of justice is served. A successful applicant, is required to establish the following conditions:

1. That he has a right of interest in the subject matter of dispute, a right which is enforceable at law or equity, that has been flouted unjustifiably by respondents conduct.

2. That the action has raised serious questions of law and fact that must be investigated.

3. That on the balance of convenience, he stands to suffer irreparable injury if the conduct of respondent is permitted to …

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