Kwakye Vrs Ashitey [2023] GHAHC 324 (4 July 2023)

The applicant failed to prove a right of easement or that refusal of the injunction would cause irreparable harm; the requirements for granting an interlocutory injunction were not met.

Citation: [2023] GHAHC 324
Parties: Plaintiff/applicant: Philip Kwakye; Defendant/respondent: Mr. Ashitey
Court: High Court
Jurisdiction: Ghana
Judgment Date: 4 July 2023
Procedural Posture: Civil / Ruling on Application for Interlocutory Injunction
Outcome: application dismissed
Legal Topics: Interlocutory Injunction, Easement, Right of Access
Source Language: English

Land Law Civil Procedure Interlocutory Injunction Easement Right of Access

Case Brief

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Parties

Philip Kwakye

Plaintiff/applicant

Mr. Ashitey

Defendant/respondent

Procedural Posture

Civil / Ruling on Application for Interlocutory Injunction

Legal Issues

1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from erecting structures on the disputed land
2 Whether the applicant has a right of easement over the subject land
3 Whether refusal of the injunction will cause irreparable harm to the applicant

Ratio Decidendi

The applicant failed to prove a right of easement or that refusal of the injunction would cause irreparable harm; the requirements for granting an interlocutory injunction were not met.

Court Disposition

application dismissed

Orders

The application for interlocutory injunction is dismissed.