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RULING
application for Interlocutory Injunction as well as the Statement of Case.
It is trite learning that the court’s power to grant an interlocutory injunction, in Ghana,
is circumscribed and regulated by Order 25 of the High Court (Civil Procedure) Rules,
2004 (C.I. 47) and thankfully the Ghanaian legal landscape is replete with clear and
authoritative pronouncements by our Apex Court on when, why, how and who may
be granted an order of interlocutory injunction. Some notable reported decisions
handed down, in recent times, by the Apex Court in respect of interlocutory
injunctions include:
• Owusu vs. Owusu Ansah & Anor. [2007-2008] 2 SCGLR 870;
• 18th July Ltd vs. Yehans International Ltd [2012] 1 SCGLR 167;
• Welford Quarcoo vs. Attorney General & Anor. [2012] 1 SCGLR 259 and
• Kojach Ltd vs. Multichoice Ghana Ltd [2013-2014] 2 SCGLR 1494
On the authorities, it is settled that the grant of an application for interlocutory
injunction, although discretionary must be carefully considered in the light of the
Pleadings and Affidavit evidence before the Court. The authorities are also
unanimous that the Court is not called upon to embark on a voyage of discovery to
establish which party has better title to the land in dispute at this stage. See Punjabi
Brothers vs. E & J Namih (1958) 3 WALR 381.
As a Court of Equity, the instant application for interlocutory injunction seeking to
restrain both parties until the final determination of this suit is in the right direction;
more so when the lawyers for the Parties agree that there is a serious question to be
tried and there are rights to be protected. It therefore accords with sound reasoning
that it is just and convenient for the Court to grant the Application.
Accordingly, it is hereby ordered that both parties, their agents, workers, principals,
whomsoever or otherwise howsoever described including their deployed land guards
be and are hereby restrained from interfering with the disputed land pending the final
determination of this suit.
Suit is adjourned to 7th March, 2023 at 9:00 a.m.
(SGD.)
AMOS WUNTAH WUNI (J)
JUSTICE OF THE HIGH
COURT