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THE REPUBLIC
V.
HIGH COURT (COMM. DIV. A) TAMALE EXPARTE:- DAKPEM ZOBOGUNAA HENRY KALEEM

(2015) JELR 68950 (SC)

Supreme Court 4 Jun 2015 Ghana
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- The Supreme Court held that the High Court retains inherent jurisdiction to vary or vacate its own interlocutory or interim orders during ongoing proceedings due to changed circumstances, so long as there is no pending appeal on the order

Case Details

Suit Number:CIVIL APPEAL NO. J5/6/2015
Judges:ANSAH JSC (PRESIDING), BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC
Counsel:MUSAH MOHAMMED ESQ. FOR THE APPLICANT; NO APPEARANCE FOR THE INTERESTED PARTY.

JUDGMENT

BENIN, JSC

The High Court (Commercial Division) in Tamale presided over by Noble Nkrumah J. heard and granted an application for an order of interlocutory injunction on 29th April 2014 in case number E1/8/2014 titled DAKPEM ZOBOGUNAA HENRY A. KALEEM v. 1. LANDS COMMISSION 2.ATTORNEY-GENERAL 3 DAKPEMA NAA ALHASSAN MOHAMMED DAWUNI. Whilst Noble Nkrumah J. who made that order was temporarily out of the jurisdiction, another High Court Judge namely Ayisi Addo J. heard an application for review of the earlier order and granted same on 29th September 2014.

The application that was brought before the High Court to seek review was dated 12th September 2014 and it was served on Counsel for the respondent therein, who is the applicant herein, the same day. The motion on notice read:

MOTION ON NOTICE FOR REVIEW OF AN ORDER OF INTERIM INJUNCTION
PLEASE TAKE NOTICE that the Honourable Court will be moved by Mohammed Alhassan Esq. on behalf of the Applicant herein praying this Honourable Court …

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