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MOTION ON NOTICE FOR AN ORDER OF INTERLOCUTORY INJUNCTION
Counsel for the Defendants/Respondents Your Ladyship, we received a Supplementary Affidavit to the Interlocutory Injunction filed on the 23/01/2023 and their Interlocutory Injunction was filed on 2/09/2023 and we are saying that the at the time Supplementary Affidavit was filed the Interlocutory Injunction Application had been struck out and there was nothing pending before the Court at the time.
By Court: I believe that once an Order for Relistment was granted every processes that was filed to support the Interlocutory Injunction Application has become active.
Let us proceed to hear the application.
Counsel for Plaintiffs/Applicants Your Ladyship, I have before you a Motion on Notice for an Order of Interlocutory Injunction filed on 2/09/2022 and the Supplementary Affidavit filed on 23/01/2023. I move in terms of the Motion paper and the Supporting Affidavit, the Supplementary Affidavit and on all the averments contained therein.
Your Ladyship, our case is that the Plaintiffs family are the owners of the land in dispute which by virtue of a Deed of Lease made between their predecessor Nii Sodjah Obodai and the 2nd and 3rd Plaintiffs all that land aforesaid were leased to the Plaintiffs.
We also rely on our Statement of Case and pray that our application be granted to restrain the Defendants from having any dealings with the land the subject matter of this suit until the final determination of the suit.
We pray accordingly.
Counsel for the Defendants/Respondents Your Ladyship, we vehemently opposed to the instant Application.
We also rely on all the averments contained in our Affidavit in Opposition filed on 27/09/2022 and pray that this application be refused.
RULING ON MOTION ON NOTICE FOR AN ORDER FOR INTERLOCUTORY INJUNCTION
Order 25 rule 1(1) the High Court (Civil Procedure) Rules 2004 (C. I 47) is the main rule of procedure relevant in applications for Interlocutory Injunction and is to the effect that a court may grant an order of Interlocutory Injunction in cases where it just or convenient to do so and the order maybe made either unconditionally or upon such terms and conditions as the Court considers just. The principles that govern applications for Injunction, Interim or Interlocutory are settled in a plethora of cases including the following: Owusu v Owusu-Ansah [2007-2008] 2 SCGLR 870, Vanderpuye vrs. Nartey [1971]1GLR 428, CA; American Cyanamid Co v Ethicon Ltd 1975 1 Al