HAYFRON-BENJAMIN J. [1971]DLHC2212

Date	1971-07-21
Suit No.
Citation No.	[1971]DLHC2212

HAYFRON-BENJAMIN J.

ATTA CAESAR FOR E.N. MOORE FOR THE APPLICANTS.

KWAW SWANZY FOR THE RESPONDENTS.

[1971]DLHC2212
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													<main id="main" class="content" style="min-height: 60rem" >CHIEF TSOKOSI AND OTHERS <o:p></o:p>vs. <o:p></o:p>ALHAJI ABBAS AND OTHERS <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 1 GLR 257<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
21 JULY 1971.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ATTA CAESAR FOR E.N. MOORE FOR THE APPLICANTS.<o:p></o:p>

KWAW SWANZY FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

HAYFRON-BENJAMIN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF HAYFRON-BENJAMIN J.<o:p></o:p>This is
an application for an interim injunction to restrain the first defendant from
performing the functions and from enjoying the privileges of the high office of
Chief Imam of Greater Accra. The plaintiffs’ claim in the main suit is for a
declaration that the election and installation of the first defendant on 4 June
1971 as the Chief Imam of the Greater Accra is contrary to the religious
customs and practices of the Muslim Community of Greater Accra and therefore
invalid. The plaintiffs further claim an order in the nature of a perpetual
injunction to restrain the first defendant from performing the functions of the
Chief Imam of Greater Accra.<o:p></o:p><o:p>&nbsp;</o:p>The
application for interim injunction is grounded on (a) the likelihood of the
breach of the peace and (b) the desire to keep the unity and integrity of the
Muslim Church. The application is strongly resisted on the ground that the
plaintiffs have no right to decide who should be chosen as Chief Imam for the
Central Mosque. This court must guard itself from making a ruling which might
well dispose of the main case on its merits. I shall therefore confine my
consideration of the application to points not affecting the merits. The first
is this: the assertion by the defendants that the first defendant has been
leading the congregation in prayer and has been acting as Chief Imam since 1965
in place of his aged father is not disputed. An interim injunction is meant to
preserve the status quo ante. The status quo demands that the first defendant
should continue to lead the congregation in prayer as he has done since 1965.
What the plaintiffs are asking, i.e. that the first defendant should be
restrained from performing the duties of Chief Imam, would prevent him from
even acting on behalf of his father whom the plaintiffs recognise as the Imam.
That would alter the position as it has subsisted since 1965.<o:p></o:p><o:p>&nbsp;</o:p>The
second point is that the plaintiffs on their own showing were well aware that
the third defendant was making preparations to instal the first defendant as
Chief Imam . Instead of applying to the court for the protection of the rights
they claim, they chose to approach the Chief Executive of Greater Accra to use
his good offices to stop the proposed installation. Of course the Chief
Executive cannot give orders having the force of law; in such matters all that
he could do and in fact did was to request the defendants (according to the
amended statement of claim) to stay their hands. The said requests were ignored
and the third defendant nominated the first defendant as Chief Imam and the
first defendant was duly installed. It is after this installation that the
plaintiffs apply to the court to restrain the first defendant from performing
his duties. I would have shown sympathy for this application if the plaintiffs
had applied to the court timeously to restrain the third defendant and others
from installing the first defendant as Chief Imam pending the determination of
the question whether such election was proper in view of the fact that the
person who the plaintiffs claim to be the Chief Imam is still living.<o:p></o:p><o:p>&nbsp;</o:p>The third
point I shall mention is whether this application being in the nature of an
application to protect the rights of Muslims, i.e. public rights, should not be
at least on notice to the Attorney-General. In England such an application
would have been a relator action and the Attorney-General would have been a
party.<o:p></o:p><o:p>&nbsp;</o:p>In the
circumstances I refuse the application for interim injunction and dismiss it.<o:p></o:p>Costs for
the </main>