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DUAN XIAOMEI VS ZHANG XINKE

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE NICHOLAS M.C. ABODAKPI J.

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This case involves a dispute over a property in Accra, Ghana. The Plaintiff/Applicant sought an interlocutory injunction to prevent the Defendant/Respondent from selling or subletting the disputed property. The court considered the four main conditions for granting an interlocutory injunction: the applicant's interest in the subject matter, the existence of real issues requiring investigation, the potential for irreparable damage, and the need to maintain or alter the status quo. After weighing the facts, the court granted the interlocutory injunction, restraining the Respondent from interfering with or selling the property until the dispute is resolved. The court also ordered the Plaintiff/Applicant to sign an undertaking to compensate the Respondent if a permanent injunction is not established. The case highlights the discretionary nature of interlocutory injunctions and the principles courts consider when granting such orders.

RULING