Amoah and Another Vrs Empire Cement Ghana Limited and Another [2023] GHAHC 285 (15 August 2023)

The court refused the 1st defendant's request for adjournment and proceeded to hear the injunction application, emphasizing the court's discretion and duty to hear cases expeditiously.

Citation: [2023] GHAHC 285
Parties: Plaintiff/applicant: Felix Yaw Amoah; Plaintiff/applicant: Nana Boateng; Defendant/respondent: Empire Cement Ghana Limited; Defendant/respondent: Environmental Protection Agency
Court: High Court
Jurisdiction: Ghana
Judgment Date: 15 August 2023
Procedural Posture: Injunction Application / Ruling on Adjournment and Hearing of Injunction Motion
Outcome: adjournment refused; injunction application to proceed
Legal Topics: Adjournment, Injunction, Court Discretion
Source Language: English

Civil Procedure Adjournment Injunction Court Discretion

Case Brief

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Parties

Felix Yaw Amoah

Plaintiff/applicant

Nana Boateng

Plaintiff/applicant

Empire Cement Ghana Limited

Defendant/respondent

Environmental Protection Agency

Defendant/respondent

Procedural Posture

Injunction Application / Ruling on Adjournment and Hearing of Injunction Motion

Legal Issues

1 Whether the court should grant an adjournment to the 1st defendant's counsel
2 Whether the court should proceed to hear the injunction application in the absence of an affidavit in opposition

Ratio Decidendi

The court refused the 1st defendant's request for adjournment and proceeded to hear the injunction application, emphasizing the court's discretion and duty to hear cases expeditiously.

Court Disposition

adjournment refused; injunction application to proceed

Orders

1st defendant's request for adjournment is refused
Court will proceed to hear the injunction application