HAYFORD BOAMAH AND KWABENA ADJEI BOATENG
V.
KOFI AMPONSAH-EFFAH KUMASI METRO ASSEMBLY

(2009) JELR 63754 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/67/2007 ·  29 Jan 2009 ·  Ghana
CORAM
GBADEGBE J.A. (PRESIDING), DUOSE J.A. , ADDOH J.A.
Core Terms Beta
order
court
applicant
issue of the writ
issue of a writ
party
rules
learned trial judge
case
cases of urgency
ex-parte
view
applicant’s building
interlocutory injunction
new provision
order of interlocutory injunction
processes
supreme court rules
above provision
case raises
chanoch v hertz
consideration points of procedure of some considerable importance
courts of rights
defendant-appellant
duration of the order
english courts
ex-parte order of may
final determination of the action
gbadegbe j. a.
grant of the application
high court rules ci
instant writ
judgement of the court
order 29r
order of interlocutory injunction ex-parte
orders of interlocutory injunction ex-parte
particular case
practice
practice of the courts
refusal of his application
said point
said power
situations of urgency
statement of case
statement of the general rule
such situations
thorneloe v skoines
t. l. r.331
trial circuit court
urgings of the appellants

Gbadegbe J. A. read the judgement of the court as follows:

My Lords, the questions that we have to decide in this appeal are relatively simple and may be posed as follows: Whether a plaintiff can obtain an order of interlocutory injunction ex-parte before the issue of a writ and also whether in such a case the order made by the court upon the grant of the application may be directed at a non-party and finally whether in its nature the order so made by the court may subsist until judgment in the action?

In the court below, the defendant-appellant though not served with the instant writ had an order of interlocutory injunction made ex-parte against him and the Kumasi Metropolitan Assembly (KMA), the latter not being a party to the action. As a result, the appellant applied to the trial Circuit Court sometime thereafter for an order to set aside the order of interlocutory injunction. After hearing arguments from the parties, the learned trial judge refused to yield to the urgings of the ap…

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