Ghana

Court dismisses Rastafarian student’s injunction against Achimota school

Rastafarian student Tyrone Marghuy Rastafarian student Tyrone Marghuy

The Human Rights Division of the Accra High Court presided over by Justice Gifty Agyei Addo has dismissed an ex parte injunction application from one of the Rastafarian students who were denied admission by the Achimota Senior High School.

The interlocutory injunction filed on April 6 was for enforcement of the fundamental human rights of the applicant.

The applicant, Tyrone Marghuy wants a mandatory injunction order to be served on Achimota School to admit the applicant for him to attend classes pending the final determination of the substantive matter.

But the court said the applicant failed procedurally on both interim injunctions which were to last for 10 days or interlocutory injunction which was to last throughout the hearing of the case.

The court said, there would be a travesty of justice on the respondents considering the application was filed ex parte.

Justice Addo said, whether the application was for interim injunction or interlocutory injunction, it cannot be granted.

It is the case of the court, such a decision will prejudice the outcome of the case because the respondents have not been put on notice.

7 days order

However, the court said it will rather expedite action in the substantive matter.

To do this, the court said, instead of the 21 days allowed by the rules for the respondents to file the responses when served, they should file them in seven days.

Hearing of the substantive matter has been adjourned to April 22, 2021.

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