ANGELA FITTOCK & KYAN FITTOCK vs. DOUGLAS MCRONNEY, STEPHEN FITTOCK & 2 ORS.

RULING [1] Introduction Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the Court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether to grant an order of interlocutory injunction it has been held that the Court would consider the justness and convenience of the order1. The learned Author, S. Kwami Tetteh in his invaluable book, Civil Procedure, A Practical Approach, page 483 writing under the heading interlocutory injunction and interim preservation of property stated as follows: “The main feature of an order of injunction is that it may issue only when it is just and convenient to do so, and in this regard, the court may grant an order to the Plaintiff although the relief of injunction is not claimed in the writ of summons. The court would therefore make an order for interloc.....