[2020]DLSC10307 • March 24, 2020 • Supreme Court
MRS. JESSIE AMMA TECKU vs. JOE ZAKOUR & ORS.
RULING ON APPLICATION FOR INTERLOCUTORY INJUNCTION This is an application by the plaintiff for an order of interlocutory injunction against the defendants to restrain them from dealing with the land, the subject matter of the substantive suit pending the final determination of the suit. The reason for the plaintiff’s request is that the defendants have trespassed unto her land. The 1st and 2nd defendants are opposed to the application and they claim they are the owners of the land in dispute by virtue of the judgment of the High Court delivered on 29th June, 2010 in suit no AL3/2006. The 1st and 2nd defendants say that the plaintiff is estopped from re-litigating suit no AL3/2006. The Court has perused the motion paper, the affidavits of the parties including all their exhibits and has also considered the statements of case and submissions of both counsel and the Court is of the opinion that there is no merit in this application so same is not granted. The Court awards cost of.....