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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
  • Tort Law

AI Generated Summary

In the Ghana High Court, His Lordship Justice Nicholas M. C. Abodakpi considered a motion filed on 09/04/2018 for an interlocutory injunction in a dispute over Plot No. 60, Block 12 , Baatsona, Spintex Road, Accra. The Applicant sought monetary recovery of GH214,249.00, USD 2,800 and RMB 25,000, recovery of possession, and damages for trespass, asserting the Respondent was actively attempting to sell or sublet the house pending resolution of title. The Respondent opposed, contending the Applicant had no interest and that he purchased the property, relying on a cheque and a receipt issued by Mrs. Grace Anquah as proof of payment. Applying the established four-factor test and Order 25, Rule 1 of C.I. 47/04, the Court exercised its discretion to grant the interlocutory injunction, restrained the Respondent and those claiming through him from interference or sale, and required the Applicant to sign an undertaking within 14 days to compensate if she ultimately fails to obtain a permanent injunction.

RULING