[2020]DLHC10402March 5, 2020High Court

BISMARK OBENG SARPENING vs. ADAMU MUSAH & 2 OTHERS

(1) This is an application for an order for interlocutory injunction to restrain the Plaintiffs, their servants and assigns from interfering or dealing with the land the subject matter of the suit pending final determination of this suit. The locus classicus of American Cyananamid Co. V Ethicon LTD. [1975] 1 All ER 504 makes it clear that the legal and factual factors govern for the grant of an application for an interlocutory or interim injunction per the above mentioned case are succinctly captured as follows; 1. There must be a serious question of fact or law raised by the pleadings for trial 2. Damages should not be an adequate compensation for the applicant should the application be refused 3. The balance of convenience test should be in favour of the applicant 4. The absence of any special circumstances that may affect the grant of the application (2) The substantive reliefs on which this application was founded have been so inelegantly settled that it is difficult to ap...