[2019]DLHC8881 • July 22, 2019 • High Court
BRADCO GHANA LTD AKA BRADCO vs. MICHAEL NII YARBOI ANNAN, ALFRED ANNAN AND HENRY OKO ANNAN
This is an application for interlocutory injunction brought under Order 25, rule 1 of C.I 47 by the Plaintiff who has taken out a writ of summons accompanied by a statement of claim against the Defendants seeking the reliefs endorsed thereon from the court. By the provision in Order 25 rule 1 (6) of C.I 47 of 2004 the court may consider the applicaton on the basis of the papers filed and this is what I intend doing without hearing oral arguments from the parties. The principles which govern the grant or refusal of such application are well-settled in case law. In the case of American Cyanamid Co vrs. Ethicon Ltd (1975) AER 504 they were given as follows: i) Whether there is a serious question to be tried or a right exists which needs to be protected. ii) Whether damages will adequately compensate the applicant in the event that the uncertainty was resolved in his favour at the trial. iii) Whether on the balance of convenience the applicant will suffer greater harm if the order s...