Republic Vrs High Court, Sekondi - Ex Parte: Mechanical Lloyd Co Ltd [2015] GHASC 98 (21 July 2015)

Republic Vrs High Court, Sekondi - Ex Parte: Mechanical Lloyd Co Ltd [2015] GHASC 98 (21 July 2015)

The High Court's consideration of an application for interlocutory injunction based on the same facts after the Supreme Court had discharged an earlier similar order undermined the Supreme Court's authority and the administration of justice; thus, the Supreme Court quashed the High Court's order and prohibited the judge from further hearing the matter.

Citation
[2015] GHASC 98
Parties
Applicant: Mechanical Lloyd Co. Ltd; Interested Party: Mantrac Ghana Ltd; Interested Party: Takoradi Flour Mills Ltd; Interested Party: Electricity Company of Ghana; Interested Party: Sekondi/Takoradi Metropolitan Assembly
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 July 2015
Procedural Posture
Civil Motion / Ruling
Outcome
application granted
Legal Topics
Supervisory Jurisdiction, Interlocutory Injunction, Mandatory Injunction, Enforcement of Court Orders
Source Language
English
Constitutional Law Civil Procedure Supervisory Jurisdiction Interlocutory Injunction Mandatory Injunction Enforcement of Court Orders

Case Brief

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Parties

Mechanical Lloyd Co. Ltd

Applicant

Mantrac Ghana Ltd

Interested Party

Takoradi Flour Mills Ltd

Interested Party

Electricity Company of Ghana

Interested Party

Sekondi/Takoradi Metropolitan Assembly

Interested Party

Procedural Posture

Civil Motion / Ruling

Legal Issues

  1. 1 Whether the High Court erred in entertaining an application for interlocutory injunction after the Supreme Court had discharged an earlier similar order
  2. 2 Whether the High Court's actions undermined the authority of the Supreme Court

Ratio Decidendi

The High Court's consideration of an application for interlocutory injunction based on the same facts after the Supreme Court had discharged an earlier similar order undermined the Supreme Court's authority and the administration of justice; thus, the Supreme Court quashed the High Court's order and prohibited the judge from further hearing the matter.

Court Disposition

application granted

Orders

  • The aspect of the High Court ruling relating to the application for interlocutory injunction is quashed.
  • Akrowiah J. is prohibited from proceeding and hearing the application for interlocutory injunction filed on 24th November 2014.