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VOLTA GHANA INVESTMENT CO. LTD
V.
BRIGHT ENERGY

(2017) JELR 108675 (HC)

High Court 22 Nov 2017 Ghana
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- The court considers the issue of who will bear greater hardship if an injunction is granted or not. - The court determines that the case is not frivolous and that there are issues that require determination through a plenary trial. - The

Case Details

Suit Number:SUIT NO. LD/074/2017
Judges:JUSTICE ANTHONY OPPONG
Counsel:HON. BERNARD AHIAFOR FOR PLAINTIFF/APPLICANTT PRESENT PETER KORNOR FOR 1ST DEFENDANT/RESPONDENT PRESENT EDWARD METTLE NUNOO FOR 2ND AND 3RD DEFENDANTS/RESPONDENTS PRESENT

RULING

BY COURT: One of the important factors to consider is the issue of who  bears greater hardship if an injunction is granted or not. That  is after being satisfied that a case is not frivolous and that  issues are joined by parties in the suit that call for  determination through plenary trial, the next important issue is  whether granting the application will cause greater hardship on  the applicant or the Respondent by granting or refusing the  application. Another factor to be considered is whether  monetary compensation could answer for the claims of the  party against whom the application is refused. The Plaintiff  Company claims to have been leased a large tract of land of  approximately 13,230.703acres. According to the lease,  Plaintiffs are covenanted to carry out farming and other  commercial activities. It has so happened that 1st Defendant  has entered 100acres of the land and by Plaintiff’s own  showing, it has embarked on massive development that to  them could chang…

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