Ratio DecidendiRatio Decidendi



DEDE II
V.
ANSAH AND OTHERS

(1979) JELR 63592 (HC)    
High Court  ·  31 Oct 1979 ·  Ghana
 · 
Other Citations
[1978] GLR 746
CORAM
AMPIAH J.

Ratio Decidendi

Core Terms Beta
order
application
october
notice
judge
facts
counsel
plaintiff-respondent
present application
statement of claim
court’s order
ex parte
first defendant
proper case
support of the application
third defendants
appointment of the first defendant
available evidence
civil procedure
clear days notice
copies of the motion
court order
defendant-applicants
due time
earlier application
earlier order
exhibits
ex parte motionfor
flagrant disregard
further move
good faith
high court
inter alia
interlocutory injunction
length of time
measure of extreme urgency
necessary implication of the english court rules
order of interim injunction
order of this court
previous notice
required statement of claim
respondent conceding
said order
second defendant
short time
such orders
such terms
supporting affidavit
time limit
writ of summons

AMPIAH J.

On 28 September 1979, the plaintiff-respondent herein filed a writ of summons claiming (a) a declaration that the appointment of the first defendant, Peter Yaw Ansah, as the Yamfohene without the knowledge of the plaintiff is null and void; and (b) an order restraining the first defendant from being sworn in and acting as Yamfohene. This writ which was unaccompanied by a statement of claim was served on the first and third defendants on the same date, i.e. 28 September 1979. It does not appear that the second defendant was ever served though on 4 October 1979 an appearance under protest was entered for and on behalf of all the defendants.

Meanwhile, on 3 October 1979, the plaintiff-respondent herein had filed and moved an ex parte motionfor an order of interim injunction against the defendant-applicants herein restraining “the first defendant from acting in any way as the Yamfohene and the second and third defendants from doing anything that will promote the proclamation of th…

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