OBOSU AND ANOTHER V. MUSA AND ANOTHER

KPEGAH J.

I will preface this my ruling with a statement of Eve J. in the case of Cohen v. Rothfield [1919] 1 K.B. 410 at 416, C.A. as follows:

“To restrain a man from proceeding with an action which prima facie he has a right to bring and prosecute is, as was pointed out by Fletcher Moulton L.J. in In re Connolly Brothers ([1911]1 Ch. 731 at 746), a very serious thing, but it is not disputed that there is jurisdiction to make the order, the basis of the jurisdiction being that it is a jurisdiction in personam and has nothing to do with any conflict between the tribunals.”

I will supplement the above statement of the law with another one, this time, from Jessel MR. in the case of McHenry v. Lewis (1883) 22 Ch.D. 397 at 400, C.A. The Master of the Rolls was dilating on the jurisdiction to put a plaintiff to his election where he has instituted two suits within the same jurisdiction against the same defendant for the same remedies. He said:

“In this country, where the two actions are by th…