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GEROMINO DATA SYSTEMS AFRICA LIMITED VS HUSSAM OCKAILI & ANOR

2018

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE MRS. JANAPARE A. BARTELS-KODWO

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This case involves a dispute over the preservation of four vehicles in the custody of the Defendants. The Plaintiff sought an order for preservation, claiming the vehicles were corporate assets, while the Defendants asserted a lien for unpaid monies. The court, applying the principles of balance of convenience and hardship, declined to grant the preservation order. It found that the Plaintiff had not demonstrated that the vehicles were at risk of being run down, and granting the order might prejudice the outcome of the substantive case. The court ordered the status quo to be maintained and directed the parties to proceed to an early trial. The decision highlights the careful consideration required in preservation orders, balancing the rights and potential hardships of both parties.

RULING