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THE REPUBLIC V. THE HIGH COURT, SEKONDI EX-PARTE: MECHANICAL LLOYD CO. LTD

(2015) JELR 68922 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/33/2015  •  21 Jul 2015  •  Ghana

Coram
ADINYIRA (MRS.) JSC (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, AKAMBA JSC

Judgement

JUDGEMENT

ADINYIRA (MRS) JSC

On 28th October 2014, this Court discharged an order of interlocutory injunction granted by the High Court Sekondi on 10th April, 2014. Soon after that the 1st and 2nd Interested parties herein on 24th November, 2014 filed another application for mandatory injunction and Interlocutory injunction based on the same facts as in the earlier application. The applicant herein managed to have the trial High Court to set aside the aspect of the application relating to the mandatory injunction as irregular but dismissed the aspect in relation to the interlocutory injunction on the ground that it was properly before him. Counsel argued that the dismissal of the application to set aside the application for interlocutory injunction is an error in law which affects the jurisdiction of the High Court as it undermines the authority of the Supreme Court which had discharged the earlier order. Counsel for the 1st and 2nd Interested parties opposed the application on the grou…

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