Quarcoo Vrs The Attorney General and Another [2012] GHASC 38 (13 June 2012)

Quarcoo Vrs The Attorney General and Another [2012] GHASC 38 (13 June 2012)

The plaintiff failed to establish that he would suffer irreparable damage if the injunction was not granted, while the Government would suffer irreparable delay affecting the general elections; thus, the balance of convenience favoured refusing the injunction.

Citation
[2012] GHASC 38
Parties
Plaintiff: Welford Quarcoo; 1st Defendant: Attorney-General; 2nd Defendant: Electoral Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 June 2012
Procedural Posture
Writ / Ruling on Interlocutory Injunction
Outcome
Application for interlocutory injunction dismissed
Legal Topics
Interlocutory Injunction, Public Law, Local Government, Electoral Process
Source Language
English
Constitutional Law Administrative Law Interlocutory Injunction Public Law Local Government Electoral Process

Case Brief

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Parties

Welford Quarcoo

Plaintiff

Attorney-General

1st Defendant

Electoral Commission

2nd Defendant

Procedural Posture

Writ / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the implementation of provisions of the Local Government Act, 1993 (Act 462) pending determination of the substantive suit

Ratio Decidendi

The plaintiff failed to establish that he would suffer irreparable damage if the injunction was not granted, while the Government would suffer irreparable delay affecting the general elections; thus, the balance of convenience favoured refusing the injunction.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • Interlocutory injunction sought by the plaintiff is dismissed