Amoah Vrs Aboagye and Two Others [2023] GHADC 264 (10 February 2023)

Amoah Vrs Aboagye and Two Others [2023] GHADC 264 (10 February 2023)

Applicant has disclosed a legal right to the disputed property; refusal to grant injunction would render the suit nugatory; both parties restrained from further developments to preserve subject matter until final determination.

Citation
Amoah Vrs Aboagye and Two Others [2023] GHADC 264 (10 February 2023)
Parties
Plaintiff/applicant: Felix Bediako Amoah per his lawful attorney Comfort Abena Kyeraa; Defendant/respondent: Yaw Aboagye; Defendant/respondent: Kakraba; Defendant/respondent: Ebo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
10 February 2023
Procedural Posture
Motion for Interlocutory Injunction / Interlocutory Ruling
Outcome
interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Family Property, Land Dispute
Source Language
eng
Civil Procedure Property Law Interlocutory Injunction Family Property Land Dispute

Case Brief

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Parties

Felix Bediako Amoah per his lawful attorney Comfort Abena Kyeraa

Plaintiff/applicant

Yaw Aboagye

Defendant/respondent

Kakraba

Defendant/respondent

Ebo

Defendant/respondent

Procedural Posture

Motion for Interlocutory Injunction / Interlocutory Ruling

Legal Issues

  1. 1 Whether the applicant has disclosed a legal right to the disputed property
  2. 2 Whether greater hardship or inconvenience would be suffered by either party if the injunction is granted or refused
  3. 3 Whether refusal to grant the injunction would render the action nugatory

Ratio Decidendi

Applicant has disclosed a legal right to the disputed property; refusal to grant injunction would render the suit nugatory; both parties restrained from further developments to preserve subject matter until final determination.

Court Disposition

interlocutory injunction granted

Orders

  • Both parties and their agents, assigns, labourers, workmen, and all who claim interest through them are restrained from further developments on the disputed land until final determination of the suit.
  • No orders as to costs.