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HAYFRON-BENJAMIN J.

(1971) JELR 63753 (HC)

High Court  •  21 Jul 1971  •  Ghana

Coram
HAYFRON-BENJAMIN J.

Judgement

HAYFRON-BENJAMIN J.: This is an application for an interim injunction to restrain the first defendant from performing the functions and from enjoying the privileges of the high office of Chief Imam of Greater Accra. The plaintiffs’ claim in the main suit is for a declaration that the election and installation of the first defendant on 4 June 1971 as the Chief Imam of the Greater Accra is contrary to the religious customs and practices of the Muslim Community of Greater Accra and therefore invalid. The plaintiffs further claim an order in the nature of a perpetual injunction to restrain the first defendant from performing the functions of the Chief Imam of Greater Accra.

The application for interim injunction is grounded on (a) the likelihood of the breach of the peace and (b) the desire to keep the unity and integrity of the Muslim Church. The application is strongly resisted on the ground that the plaintiffs have no right to decide who should be chosen as Chief Imam for the Central Mo…

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