Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

FRANCIS ANNAN & ANOR VS IDDRISAH SALOU & ORS

2019

HIGH COURT

GHANA

CORAM

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

Areas of Law

  • Civil Procedure
  • Equity and Trusts
  • Property and Real Estate Law

AI Generated Summary

This case involves an application for an interlocutory injunction to prevent the sale of a house in Malejor, Accra. The Applicants claim the house is joint property and cannot be sold to satisfy a debt owed by only one of them. The Respondent argues that he won a case against the 2nd Applicant for a debt owed since 2013 and that if the house has been sold, the proceeds should go towards the debt. The court, applying Order 25 of the High Court Civil Procedure Rules, 2004, evaluated the application based on established principles for granting interlocutory injunctions. These principles include the need to establish a right or interest requiring protection, demonstrating irreparable damage on the balance of convenience, and providing sufficient evidence to support maintaining or altering the status quo. The court concluded that the Applicants failed to meet these criteria. Furthermore, the court noted that a Court of Equity cannot protect a party seeking to avoid payment of an adjudged debt. The application was dismissed as lacking merit, and costs were awarded to the Respondent.

RULING