RULING
The plaintiff /respondent, a captain in the Ghana Armed Forces, on 20-02-09 filed a motion under Order 67 of the High Court Civil Procedure Rules, 2004 (C.I. 47) seeking to enforce his fundamental human rights pursuant to Article 33(1) of the 1992 Constitution of Ghana. The defendants/respondents were served with the plaintiff's motion. On the date fixed for hearing of the motion, that is 03-03-09, however, only the 1st defendant/ applicant appeared in court and his response was that he was not opposed to the application but urged the court to impose such conditions as to ensure the plaintiff appears for trial before a court martial. At the time of the hearing of the application, there was no affidavit in the case docket from any of the defendants. The 2nd and 3rd defendants did not also appear in court. The court granted the plaintiff’s application by granting him bail on stated conditions.
On 05-03-09, the 2nd and 3rd defendants filed a motion under Order 42 of C.I. 47 for a re…