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BART-PLANGE v. GBODI & ORTHERS


  • New
  • 1961-10-30
  • HIGH COURT
  • GLR 627
  • Print

OLLENNU, J.


Summary

Interim injunction?-Likelihood of breach of peace.

Headnotes

Judgement

In an application by the plaintiff, a reverend of a church, for an order of interim injunction to restrain the defendants, a disgruntled group of church members, from using the church premises in Accra, and for the appointments of a manager, on the ground inter alia that otherwise there would be a breach of the peace, his lordship ruled: "As far as restraining both parties from holding religious worship in the premises is concerned, I cannot see how an injunction would serve a useful purpose. The situation would be promptly met by procedure under section 22(1) of the Criminal Procedure Code, 1960 (Act 30), by the district magistrate placing the leaders of both factions under bond to keep the peace. They can then each be free to worship God in spirit and truth without fear of a breach of the peace occurring. I direct the registrar of this court to refer to the police the affidavit of the plaintiff wherein he alleges that there is a likelihood of a breach of the peace occurring, for the police to act as they may consider fit."

Decision


Plaintiff / Appellant

Defendant / Respondent

Referals

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