ANGELA FITTOCK & ANOR vs DOUGLAS MCRONNEY & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP EUDORA CHRISTINA DADSON
Areas of Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs sought an injunction against the Defendants to prevent them from interfering with the Estate of the late Charlotte Fittock. The court examined whether the Plaintiffs had a legal or equitable right, if there were serious questions for trial, and whether the balance of convenience favored granting the injunction. Citing various precedents, the court concluded that the Plaintiffs demonstrated a prima facie case and the balance of convenience was in their favor. The court granted the injunction restraining both parties from interfering or creating third-party interests in the Estate for a period of 180 days.
[1] Introduction Order 25 rule 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 to grant an order, it has been held that the Court would consider the justness and convenience of the order. The learned Author, S. Kwami Tetteh, in his invaluable book, Civil Procedure, A Practical Approach, page 483, writing under the heading "interim preservation of property," stated as follows: “The main feature of an order of injunction is that it may issue only when it is just and convenient to do so, and in this regard, the court may grant an order to the Plaintiff although the relief of injunction is not claimed in the writ of summons. The court would therefore make an order upon application whenever it becomes necessary in the course of the action, as where the respondent to the application engages or proposes to engage in acts likely to cause irreparable injury to the applicant, such as causing damage, changing or concealing the subject matter in dispute, or any other act that may tend to jeopardize the efficient administration of justice.” The Plaintiffs/Applicants issued a Writ of Summons with an accompanying Statement of Claim against the Defendants/Respondents on 30th November 2023 for the following reliefs: a. “A declaration that the grant of Letters of Administration dated 20th May 2022 to the named administrators is irregular, null, and of no legal effect. b. An order of the Honourable Court revoking the grant of Letters of Administration dated 20th May 2022 and further or in the alternative an order distributing the property of the late Charlotte Fittock in the terms set out in the last Will and Testament dated 10th May 2018. c. An order restraining them from in any way interfering, moving into, and or renting out property within the Estate of the late Charlotte Fittock unless and further compelling them to return the personal belongings of the Plaintiff’s back to the apartment of the 2nd Plaintiff. d. And against the 1st and 2nd Defendants ordering them to account for any expenses made and or income, rent, and profits received from the Estate of the Late Charlotte Fittock from her date of death until such time as ordered by the Honourable Court. e. And against the 4th Defendant ordering her to pay rent to the 2