Muno Vrs Muno and Another [2023] GHAHC 61 (20 January 2023)

Muno Vrs Muno and Another [2023] GHAHC 61 (20 January 2023)

Plaintiff failed to demonstrate a protectable legal or equitable right in the property and did not provide sufficient evidential proof. The application is frivolous and does not meet the threshold for grant of interlocutory injunction.

Citation
[2023] GHAHC 61
Parties
Plaintiff/applicant: Kwesi Muno; 1st Defendant/respondent: Joseph Muno; 2nd Defendant/respondent: Tema Development Corporation
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Civil / Ruling on Interlocutory Injunction Application
Outcome
Application dismissed
Legal Topics
Interlocutory Injunction, Land Ownership, Alienation of Property
Source Language
English
Property Law Civil Procedure Interlocutory Injunction Land Ownership Alienation of Property

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Parties

Kwesi Muno

Plaintiff/applicant

Joseph Muno

1st Defendant/respondent

Tema Development Corporation

2nd Defendant/respondent

Procedural Posture

Civil / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the Plaintiff/Applicant is entitled to an interlocutory injunction restraining the Defendants from selling or transferring the disputed land to a third party pending determination of the suit.

Ratio Decidendi

Plaintiff failed to demonstrate a protectable legal or equitable right in the property and did not provide sufficient evidential proof. The application is frivolous and does not meet the threshold for grant of interlocutory injunction.

Court Disposition

Application dismissed

Orders

  • Motion for interlocutory injunction dismissed
  • No order as to costs