Iras Marhguy
An Accra High Court yesterday dismissed an application for interim injunction brought against Achimota School by one of the Rastafarians who was denied admission into the school.
The application was seeking to compel the school to offer admission to Iras Marhguy.
The plaintiff had indicated that the “application is brought ex-parte because of the particular urgency of this case. Fresh students of Achimota School have reported to school and commenced academic work while Applicant is still being denied enrolment despite the directive by 2nd Respondent (Ghana Education Service). It has therefore, become necessary for the Court to intervene in order that Applicant’s rights are protected and enforced.”
It added that “the longer Applicant stays at home, the longer he will continue to be denied an education. If this application is heard in the ordinary, Applicant will have to abide by all the rules relating to service of processes and continue to remain at home while his colleagues are gaining an education.”
The court presided over by Justice Gifty Agyei Addo in dismissing the application held that the instant application had the potential of prejudicing the case especially when the application was not filed on notice but an ex-parte one.
The court stated that the applicant failed to appreciate the difference between an interim injunction which lasts for only 10 days and can be extended upon application and then an interlocutory injunction which lasts until the final determination of the substantive case.
Justice Addo held that the applicant cannot by law apply for both interim and interlocutory injunctions at the same time.
The judge after dismissing the application indicated that the case would be determined expeditiously and has therefore, ordered Achimota School Board of Governors, the Ministry of Education, Ghana Education Service and the Attorney General’s Department which are the defendants in the matter to file their response to the suit within seven days after service.
The substantive case has been adjourned to April 22, 2021.
BY Gibril Abdul Razak