[2018]DLHC4077May 14, 2018High Court

THE PARENT-TEACHER ASSOCIATION BISHOP HERMAN COLEGE, KPANDO vs. THE BOARD OF GOVERNORS BISHOP HERMAN COLLEGE, KPANDO

(1) The plaintiffs by their motion on notice dated 16/3/18 pray the court for an order of interlocutory injunction restraining the defendants from organizing a PTA meeting of the Bishop Herman School for the purpose of electing new PTA executive to replace them. The main contention of the plaintiffs is that the defendants have no legal basis to organise the said meeting at any period in time for the stated purpose. The defendants disagree and in turn question the locus standi of the plaintiffs in instituting this action and bringing the instant motion. Order 25 of C.I. mandates a party to bring an application for interlocutory injunction, and for the court to grant same if it considered same to be just or convenient. REGAS TRAR HION COURT NO Order 25, C.I. 47 itself does not set out any criteria for the consideration of such an application, so it is to the common law and decided cases that we turn for assistance. It should be noted, that being an exercise of discretionary p...