Okaikoi North Municipal Assembly Vrs Eland International Gh. Ltd [2023] GHACC 209 (7 September 2023)

Okaikoi North Municipal Assembly Vrs Eland International Gh. Ltd [2023] GHACC 209 (7 September 2023)

A supplementary affidavit may be filed without leave of court if it is filed before the respondent enters appearance or files an affidavit in opposition, as this is the settled practice and not contrary to the rules.

Citation
[2023] GHACC 209
Parties
Plaintiff/applicant: Okaikoi North Municipal Assembly; Defendant/respondent: Eland International Gh. Ltd.
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 September 2023
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Affidavits, Supplementary Affidavits, Interlocutory Injunction, Court Practice
Source Language
English
Civil Procedure Affidavits Supplementary Affidavits Interlocutory Injunction Court Practice

Case Brief

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Parties

Okaikoi North Municipal Assembly

Plaintiff/applicant

Eland International Gh. Ltd.

Defendant/respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a supplementary affidavit may be filed without leave of court before close of pleadings

Ratio Decidendi

A supplementary affidavit may be filed without leave of court if it is filed before the respondent enters appearance or files an affidavit in opposition, as this is the settled practice and not contrary to the rules.

Court Disposition

preliminary objection overruled

Orders

  • Plaintiff/Applicant to move the pending motion on notice for interlocutory injunction pending final determination of the suit.