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High Court

Interlocutory injunction

Urgent restraining relief pending trial, on the Vanderpuye v Nartey balance-of-convenience test.

Timeline runs from
Date instructions received
Primary rules
C.I. 47 Order 25 · Vanderpuye v Nartey [1977] 1 GLR 428
Apply this roadmap to a case

Governing instruments

  • C.I. 47High Court (Civil Procedure) Rules, 2004 (2004)

    Master rules for civil practice in the High Court: commencement, service, pleadings, interlocutory applications, discovery, trial, judgment and enforcement.

    Binds: High Court · Circuit Court (with modifications)

Stage by stage

  1. 01

    Assess the three limbs and the undertaking

    Counsel · Order 25 r.1; Vanderpuye v Nartey · day 0

    Serious question to be tried, adequacy of damages, balance of convenience. Confirm the client can honour an undertaking as to damages.

    Authority: Vanderpuye v Nartey [1977] 1 GLR 428 · 18th July Ltd v Yehans International Ltd [2012] 1 SCGLR 167

    No written client instruction on the undertaking as to damages.

  2. 02

    File motion on notice with supporting affidavit

    Plaintiff / Applicant · C.I. 47 Order 25 r.1, Order 19 · day 1

    Ex parte relief only where genuinely urgent, and it lapses after 10 days unless extended.

    Time limit: Serve the motion at least 3 clear days before the hearing (Order 19 r.2).

    Form: Motion on notice with supporting affidavit — Order 19 — confirm the form number against the current print

    Assemble: Motion on notice, Affidavit in support, Exhibits, Statement of case

    Official cost: Interlocutory motion with affidavit — GH₵120.00 (C.I. 86 Sch. 1, Pt. II — motions)

  3. 03

    Affidavit in opposition

    Defendant / Respondent · C.I. 47 Order 19 r.3 · day 8

    Answer the exhibits, not just the assertions; raise delay and adequacy of damages.

    Time limit: Filed before the hearing date; leave needed to file out of time.

    Assemble: Affidavit in opposition, Statement of case

    Official cost: Witness statement / bundle of documents — GH₵90.00 (C.I. 86 Sch. 1, Pt. II — filings)

  4. 04

    Hearing and ruling

    Court · C.I. 47 Order 25 r.2 · day 21

    If granted, diarise any condition attached (bond, accelerated hearing, status quo terms) immediately.

    Authority: Owusu v Owusu-Ansah [2007-2008] SCGLR 870 (undertaking as to damages)

Official court costs are drawn from the C.I. 86 (2014) as amended — schedule v1 schedule and are recovered from the client at cost, separately from professional fees. Registries assess some charges per page or per mile.

This roadmap is a planning aid, not legal advice. Rules are amended and the court may give directions that displace these defaults — always verify against the cited rule.

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