Osae Vrs Addo [2005] GHACA 28 (11 February 2005)

Osae Vrs Addo [2005] GHACA 28 (11 February 2005)

Damages would be an adequate remedy for the appellant if she succeeds at trial; the trial judge did not err in exercising discretion to refuse the interim injunction as the balance of inconvenience favoured the respondent.

Citation
[2005] GHACA 28
Parties
Plaintiff/appellant: Madam Catherine Osei; Defendant/respondent: Frank Addo
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
11 February 2005
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Interim Injunction, Exercise of Judicial Discretion, Adequacy of Damages, Lease Agreement, Balance of Convenience
Source Language
English
Contract Law Property Law Equity Interim Injunction Exercise of Judicial Discretion Adequacy of Damages Lease Agreement Balance of Convenience

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Parties

Madam Catherine Osei

Plaintiff/appellant

Frank Addo

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the trial judge erred in refusing the application for interim injunction
  2. 2 Whether damages would be an adequate remedy for the appellant if she succeeds at trial
  3. 3 Whether the trial judge wrongly exercised discretion causing miscarriage of justice

Ratio Decidendi

Damages would be an adequate remedy for the appellant if she succeeds at trial; the trial judge did not err in exercising discretion to refuse the interim injunction as the balance of inconvenience favoured the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; High Court ruling refusing interim injunction is upheld.