BRIGHT MENSAH JA
My Lords, this appeal is an invitation to this court to interfere in a judicial discretion that the lower court, the High Court, [General Jurisdiction], Accra exercised per its Ruling delivered 14/09/2020. In a short Ruling, the learned trial judge has held:
The application for injunction filed on the 27 of May 2020 is hereby refused. The defendant/respondent is to sign an under-taking before the 21 of September 2020.”
See: p 73A of the record of appeal [roa].
The ruling was given against the backdrop of a motion on notice for an order of interlocutory injunction filed against the defendant which motion, together with its supporting affidavit, annexures/exhibits as well as statement of case, was filed with the lower court on 12/12/2019. And that appears on pp 17 - 24 [roa]. A supplementary affidavit was subsequently filed on 27/03/2020. See: pp 46-73 [roa]. An affidavit in opposition to challenge the application was also filed 08/07/2020 including Counsel’…