[2019]DLHC7154 • August 8, 2019 • High Court
AGT FINANCIAL SERVICES (PLAINTIFF) vs. ARAMIS FREIGHT & IMPEX GHANA LTD. & 4 ORS. (DEFENDANT)
This is an application filed by the 4th Defendant/Judgment/Debtor/ Applicant. By Order 25 rule 1 (3) of CI. 47, any application for Interlocutory Injunction shall be attached with a statement of case. The subrule (3) of Order 25 rule 1 provides: “The Applicant shall attach to the motion paper and supporting affidavit, a statement of case setting out fully arguments, including all relevant legal authorities in support of the application.” The wording of the subrule (3) of rule 1 of Order 25 appears to be a mandatory provision. The Applicant therefore is obligated to attach a statement of case. The failure to attach a statement of case to an application for Interlocutory Injunction makes the application incompetent. Being incompetent, the Court has no duty to entertain such an incompetent application. It constitute a non-compliance of a prerequisite to the filing of such a process. In the instant application, I have realised that the application which was filed by the 4th De...