[2015]DLSC3231 • June 4, 2015 • Supreme Court •
THE REPUBLIC vs. HIGH COURT (COMM. DIV. A) TAMALE EXPARTE:- DAKPEM ZOBOGUNAA HENRY KALEEM
The applicant, Dakpem Zobogunaa Henry Kaleem, obtained an interlocutory injunction from the High Court Commercial Division in Tamale on 29 April 2014 restraining the 3rd defendant and his agents. While the judge who granted the injunction was temporarily out of jurisdiction, another High Court judge, Ayisi Addo J., reviewed and vacated the injunction order on 29 September 2014. The applicant challenges this review and vacation of the injunction order, asserting that the reviewing judge lacked jurisdiction and that the applicant was denied a hearing due to a pending motion for stay of proceedings.
read moreBENIN, 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 Co...