[2018]DLHC4099June 22, 2018High Court

WILSON SOGLO AND 3 OTHERS vs. NATIONAL DEMOCRATIC CONGRESS

Order 25(1), C.I. 47 permits the court to grant an injunction by an interlocutory order in all cases where same is considered just or convenient. Order 25 r (7) permits an application to be made ex parte in situations of urgency. An applicant who comes ex parte must first prove to the court that there was urgency about his or her case. In Barclays Bank of Ghana Ltd v Ghana Cable Co Ltd [1998-1999] SCGLR 1 at p. 7, it was held per Acquah JSC (as he then was): "Now, on the basis of this well-settled principle, ex parte applications and orders for injunctions are undoubtedly anomalies in our administration of justice. And had the Rules of Court not permitted such applications and order to be made, they would have been nullities. Thus to prevent the misuse of ex parte applications for injunctions, the practice, as sanctioned by case law, is that such applications are to be resorted to only in cases of extreme emergency, where the interest of justice requires that the court sh...