NANA OKOGYE OTUO OTUAPUM III V. ANDREWS KWAMENA BADWIE & 6 ORS

RULING

This ruling relates to a preliminary legal objection raised by counsel for the Defendants/Respondents to the propriety of the Further Supplementary Affidavit and Supplementary Statement of Case filed on 15/02/2023 by the Plaintiffs/Applicants.

Counsel for the Respondents argues that by Orders 20 and 25 of the High Court (Civil Procedure) Rules, 2004 (CI 47) each party in an injunction application is required to file an affidavit and a statement of case and not affidavits and statements of claim. Thus, failure on the part of the Applicant to seek leave of the court before filing the Further Supplementary Affidavit and Supplementary Statement of Case make the processes incompetent and same must be struck.

In a counter argument, counsel for the Applicants say that the rule did not prohibit them from filing the processes complained of without seeking leave of the court. That if the drafters of the rules wanted parties to seek leave before filing the processes complained of, they wo…