Republic Vrs High Court, Koforidua [2009] GHASC 19 (11 February 2009)

Republic Vrs High Court, Koforidua [2009] GHASC 19 (11 February 2009)

The failure by the High Court to require an undertaking for damages before granting an interlocutory injunction was a procedural irregularity, not a jurisdictional error or a nullity, and is curable under Order 81 of CI 47; certiorari does not lie for such non-jurisdictional errors, especially where the applicants took fresh steps after knowledge of the irregularity.

Citation
[2009] GHASC 19
Parties
1st Applicant: William Ansah-Otu; 2nd Applicant: Mad. Adwoa Kwafoa; Interested Party: Koans Building Solutions Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 February 2009
Procedural Posture
Civil Motion (certiorari) / Ruling on Application for Certiorari
Outcome
Application dismissed
Legal Topics
Certiorari, Interlocutory Injunctions, Non Compliance With Procedural Rules, Discretionary Remedies
Source Language
English
Civil Procedure Judicial Review Certiorari Interlocutory Injunctions Non Compliance With Procedural Rules Discretionary Remedies

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Parties

William Ansah-Otu

1st Applicant

Mad. Adwoa Kwafoa

2nd Applicant

Koans Building Solutions Limited

Interested Party

Procedural Posture

Civil Motion (certiorari) / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether failure by the High Court to require an undertaking for damages before granting an interlocutory injunction constitutes an error of law apparent on the face of the record justifying certiorari
  2. 2 Whether such error goes to jurisdiction or is a mere procedural irregularity

Ratio Decidendi

The failure by the High Court to require an undertaking for damages before granting an interlocutory injunction was a procedural irregularity, not a jurisdictional error or a nullity, and is curable under Order 81 of CI 47; certiorari does not lie for such non-jurisdictional errors, especially where the applicants took fresh steps after knowledge of the irregularity.

Court Disposition

Application dismissed