BART-PLANGE vs. GBODI & ORS. [1961]DLHC852

Date	1961-10-30
Suit No.
Citation No.	[1961]DLHC852

OLLENNU J

[1961]DLHC852
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&nbsp;[HIGH COURT, ACCRA]

[1961] GLR 627

DATE: 30TH OCTOBER, 1961.

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COUNSEL:&nbsp;&nbsp;

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OLLENNU, J.

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&nbsp;

In an application by the plaintiff, a reverend of a church, for an
order of interim injunction to restrain the defendants, a disgruntled group of
church members, from using the church premises in Accra, and for the
appointments of a manager, on the ground inter alia that otherwise there would
be a breach of the peace, his lordship ruled:

“As far as restraining both parties from holding religious worship
in the premises is concerned, I cannot see how an injunction would serve a
useful purpose. The situation would be promptly met by procedure under section
22(1) of the Criminal Procedure Code, 1960 (Act 30), by the district magistrate
placing the leaders of both factions under bond to keep the peace. They can
then each be free to worship God in spirit and truth without fear of a breach
of the peace occurring. I direct the registrar of this court to refer to the
police the affidavit of the plaintiff wherein he alleges that there is a
likelihood of a breach of the peace occurring, for the police to act as they may
consider fit.”