[2019]DLHC7040July 16, 2019High Court

CATHOLIC DIOCESE OF SEKONDI—TAKORADI vs. EBUSUAPANYIN STEPHEN AMOAH & ANOR

In considering whether or not to grant an interim injunction, the court must have regard not only to the strength of the claim, but to the defence also and then consider the relative convenience or inconvenience which might result to the parties. See AGYEI-ACHEAMPONG VRS DONKOR (1980) GLR 108. The provision in Order 25 rule 1 of the High Court (Civil Procedure) Rules, CI 47 clearly encapsulates this principle. It states: “The Court may grant an injunction by an interlocutory order in all cases in which it appears just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just.” I have in a thorough manner examined the cases put forth by the parties in their pleadings. I have also taken a look at the depositions in the rival affidavits and their annexures. Of particular significance are the two previous judgments of the High Court the parties rely on. I have also apprised myself of the arguments contained...