NEWLAND AVAYEVU vs. AMA FOSUWAA

This is an application for interlocutory injunction filed by the Plaintiff pursuant to an amended Writ filed on the 25th November 2019 which was duly served on the Defendant on the 2nd December 2019. The Defendant has to date not filed an affidavit in opposition. The Plaintiff’s Order 25(1) application pursuant to CI 47 was filed on the 27th August 2019 and was based on the writ filed on the 29th August 2019. Lord Diplock in the case of Siskena 1977 3 All E.R at page 824 held;- “A right to obtain an interlocutory injunction is not a cause of action, It cannot stand on its own. It is dependent on their being a pre existing cause of action against the defendant arising out of an invasion, actual, or threatened by him of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. The right to obtain interlocutory injunction is merely ancillary and incidental to the pre-existing cause of action. It is grant...