HAYFRON-BENJAMIN J.

(1971) JELR 63753 (HC)    
High Court  ·  21 Jul 1971 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 257
CORAM
HAYFRON-BENJAMIN J.
Core Terms Beta
first defendant
plaintiffs
application
chief imam
court
interim injunction
defendants
third defendant
congregation
prayer
status
amended statement of claim
chief executive
chief executive of greater accra
chief imam of the greater accra
circumstances
consideration of the application
declaration
determination of the question
election
england
fact
force of law
functions
functions of the chief imam of greater accra
good offices
greater accra
ground
hayfron-benjamin j.
installation of the first defendant
likelihood of the breach of the peace
main suit
mention
nature of a perpetual injunction
order
orders
own showing
person
plaintiffs’ claim
points
practices of the muslim community of greater accra
preparations
privileges of the high office of chief imam
public rights
quo ante
said requests
second point
such matters
sympathy
view of the fact

HAYFRON-BENJAMIN J.: This is an application for an interim injunction to restrain the first defendant from performing the functions and from enjoying the privileges of the high office of Chief Imam of Greater Accra. The plaintiffs’ claim in the main suit is for a declaration that the election and installation of the first defendant on 4 June 1971 as the Chief Imam of the Greater Accra is contrary to the religious customs and practices of the Muslim Community of Greater Accra and therefore invalid. The plaintiffs further claim an order in the nature of a perpetual injunction to restrain the first defendant from performing the functions of the Chief Imam of Greater Accra.

The application for interim injunction is grounded on (a) the likelihood of the breach of the peace and (b) the desire to keep the unity and integrity of the Muslim Church. The application is strongly resisted on the ground that the plaintiffs have no right to decide who should be chosen as Chief Imam for the Central Mo…

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