DEDE II vs. ANSAH AND OTHERS

The plaintiff/respondent commenced an action on 28 September 1979 seeking a declaration that the appointment of the first defendant, Peter Yaw Ansah, as Yamfohene without the plaintiff’s knowledge was null and void, and an order restraining him from being sworn in and acting as Yamfohene. Before filing a statement of claim, the plaintiff also moved ex parte on 3 October 1979 for an interim injunction restraining the first defendant from acting as Yamfohene and restraining the second and third defendants from promoting his proclamation. The court granted the interim order only pending the hearing of a motion on notice. The defendants/applicants then applied to set aside that ex parte order on the basis, among others, that the plaintiff had failed to comply with the court’s direction to proceed on notice and had delayed in supplying fuller facts. Portion of judgment: “On 28 September 1979, the plaintiff/respondent herein filed a writ of summons claiming 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 an order restraining the first defendant from being sworn in and acting as Yamfohene… on 3 October 1979, the plaintiff/respondent herein had filed and moved an ex parte motion for an order of interim injunction…”