The motion under consideration was filed on 09/04/2018, for an order of interlocutory injunction against the Defendant/Respondent herein, after referred to simply as respondent.
The deposition in support made by Counsel for applicant is to the effect that, they are claiming recovery of GH¢314, 249. 00, USD2, 800 and RMB25, 000. 00, with interest from the respondent in respect of a transaction involving Plot No. 60, BLOCK ‘12’ Baatsona, Spintex Road, Accra.
And Recovery of possession, and damages for trespass.
In continuation, the deposition showed that respondent is actively trying to sell or sublet the house in dispute, and since, the house is the subject matter of this dispute, respondent should be restrained.
I have perused the annexures and the statement of case also.
The application has been opposed, it has been contended that applicant has no interest in the house, and that respondent purchased the subject matter as per EXHIBIT ‘ZX’, a cheque, which is evidence of payment for the house.
I have examined EXHIBIT ‘DXA’ a receipt issued by one MRS. GRACE ANQUAH in respect of the subject matter house, showing that, she has received money, stated therein.
I have examined EXHIBIT ‘ZX1’ a cheque, with face value of GH¢300, 000. 00. These averments and others in support are offered in rebuttal of the fact that applicant bought the property or is owner of it, and that respondent is rather the person who has better title to it.
The law on interlocutory injunction as seen in a number of decided cases is that four main conditions must be established to receive a favourable ruling.
1. It must be established that, the applicant has an interest or a right in the subject matter, and this interest has been flouted or threatened with breach by the conduct of the respondent, and without reasonable justification.
2. It must be established that there are real issues of fact and law that have arisen, and require investigation by the Court, and therefore the action commenced is not frivolous.
3. It must be shown that on the balance of convenience applicant stands to suffer irreparable damage if the order is not granted.
4. Applicant must lead sufficient evidence on which it could be found that the status quo must either be maintained or altered as appropriate.
An application for interlocutory injunction is provided for in ORDER 25 of the High Court Civil Procedure Rule C. I. 47/04. And in Rule 1, a Court may grant the order when it is JUST and CONVENIENT, t
