FITTOCK & ANOR VS MCRONNEY & ORS (PA/0186/2024) [2024] GHAHC 36 (17 January 2024)

FITTOCK & ANOR VS MCRONNEY & ORS (PA/0186/2024) [2024] GHAHC 36 (17 January 2024)

Applicants demonstrated a legal right worthy of protection and raised triable issues. The claim was neither frivolous nor vexatious. On balance of convenience, it is just and convenient to grant the interlocutory injunction to preserve the estate pending final determination.

Citation
FITTOCK & ANOR VS MCRONNEY & ORS (PA/0186/2024) [2024] GHAHC 36 (17 January 2024)
Parties
Plaintiff: Angela Fittock; Plaintiff: Kyan Fittock; Defendant: Douglas McCronney; Defendant: Stephen Fittock; Defendant: Yvonne Macklin; Defendant: Rosemary D. L. Amarh-Kwantreng
Court
ghahc
Jurisdiction
Ghana
Judgment Date
17 January 2024
Procedural Posture
Probate and Administration / Interlocutory Injunction Ruling
Outcome
application granted
Legal Topics
Interlocutory Injunction, Letters of Administration, Estate Distribution, Preservation of Property
Source Language
eng
Probate Estate Administration Civil Procedure Interlocutory Injunction Letters of Administration Estate Distribution Preservation of Property

Case Brief

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Parties

Angela Fittock

Plaintiff

Kyan Fittock

Plaintiff

Douglas McCronney

Defendant

Stephen Fittock

Defendant

Yvonne Macklin

Defendant

Rosemary D. L. Amarh-Kwantreng

Defendant

Procedural Posture

Probate and Administration / Interlocutory Injunction Ruling

Legal Issues

  1. 1 Whether the applicants have a legal or equitable right over the estate property to invoke the court's protection
  2. 2 Whether there are serious questions for trial necessitating the maintenance of the status quo
  3. 3 Whether the balance of convenience favours granting the interlocutory injunction

Ratio Decidendi

Applicants demonstrated a legal right worthy of protection and raised triable issues. The claim was neither frivolous nor vexatious. On balance of convenience, it is just and convenient to grant the interlocutory injunction to preserve the estate pending final determination.

Court Disposition

application granted

Orders

  • Both the 2nd Defendant and Plaintiffs, their agents, workmen and assigns are restrained from interfering, renting or creating 3rd party interest with the Estate of the late Charlotte Fittock in any form or shape for a period of 180 days from today.
  • Plaintiff/Applicant shall file an undertaking as to damages in accordance with Order 25 Rule 9 of CI 47 in the Registry of this Court within seven (7) days from today.