ALBERT OTOO AYITEY vs. JACOB A. AYITEY & ORS.

This is a ruling pursuant to an application for interlocutory injunction filed on 30th October, 2019 by the plaintiffs herein. The court has also received affidavit in opposition filed on 11th December, 2019 by the defendants in this matter. It is the position of the law that in consideration of an application pursuant to order 25 of CI 47 the court takes into account its old principles as set out in the case of American Cyanamid vs Ethicon 1975 appeal cases. The first issue for consideration by the court is without of not the predicate writ can be described as frivolous or vexatious having peruse the writ and the statement of claim the court is of the opinion that there is a legitimate cause of action or triable issue. The court has also given consideration to the various position posited by both plaintiffs and the defendants and has taken the view backed by law that conflicting claims in terms of title do not in themselves serve as a Bar to the grant of an order 25 application. Th...