Yarnie and 3 Others Vrs Nyongolo and Another [2022] GHAHC 104 (19 December 2022)

Yarnie and 3 Others Vrs Nyongolo and Another [2022] GHAHC 104 (19 December 2022)

Greater hardship would be caused by granting the injunction than refusing it; balance of convenience favours refusal.

Source-derived case information.

Citation
Yarnie and 3 Others Vrs Nyongolo and Another [2022] GHAHC 104 (19 December 2022)
Parties
Plaintiff: Charles Yarnie; Plaintiff: Grace Dede Yarnie; Plaintiff: Christiana Dede Yarnie; Defendant: Sampson Yanyongolo; Defendant: Osadu Bibioo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
19 December 2022
Procedural Posture
Application for Interim Injunction / Ruling on Motion
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunction, Funeral Rites, Balance of Convenience
Source Language
en
Civil Procedure Customary Law Interim Injunction Funeral Rites Balance of Convenience

Source-derived case record

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Parties

Charles Yarnie

Plaintiff

Grace Dede Yarnie

Plaintiff

Christiana Dede Yarnie

Plaintiff

Sampson Yanyongolo

Defendant

Osadu Bibioo

Defendant

Procedural Posture

Application for Interim Injunction / Ruling on Motion

Legal Issues

  1. 1 Whether an interim injunction should restrain defendants from conducting funeral and burial rites of Nii Saban Yarnie as a member of the Yarnie Family

Ratio Decidendi

Greater hardship would be caused by granting the injunction than refusing it; balance of convenience favours refusal.

Court Disposition

Application for interim injunction dismissed

Orders

  • Costs of Five Thousand Ghana Cedis (GH¢5,000.00) awarded against Plaintiffs/Applicants