An Accra high court has set Thursday, July 29 2021 as the date to rule on an injunction application filed by the plaintiff, Patrick Justice Ennin against the defendant, University of Ghana.
The court presided over by appeal court judge, Justice Eric Baah has directed parties involved in the case to submit their addresses before the aforementioned date.
Lead counsel for the defendant was told to file its address latest by July 19, 2021, whilst and the Lawyer for the plaintiff was given up to Monday, July 26, 2021, to do same.
In a court proceeding on July 14, 2021, at the Law court complex, the Lawyer for the plaintiff, 1stLaw Joe Aboagye Debrah moved that the substantive matter in the case be dealt with.
He argued that the defendant cannot ask the court to set the lawsuit aside after the University filed an application in response to the plaintiff’s injunction application.
1stLaw Joe Aboagye Debrah added his position is based on the fact that after taking such a step, the defendant cannot go back.
Lead counsel for the University of Ghana, Kwabena Adu Kusi retorted that it is not as if they (University) took a fresh step before applying to set aside the writ.
He continued that the move made by the University is not the fresh step as anticipated by the rules of the court.
Lawyer Kwabena Adu Kusi noted that he filed the affidavit in opposition to the plaintiff’s case out of fear.
According to him, in the unlikely event that the court had dismissed the University’s application which seeks to set the writ aside on June 28, 2021, the parties would then be instructed to submit their applications for the final judgment to take place.
Following this back and forth between the two lawyers representing the parties, the presiding judge, Justice Eric Baah ruled that the objection (raised by the Lawyer for the plaintiff) regarding the defendant’s application on account that a close step has been taken, is overlooked.
Justice Eric Baah clarified that the writ application to set a lawsuit aside can be brought under orders 9 and 8 and this can be done at any time.
The court recognized that the filing of an affidavit in opposition, preventing motion from an interlocutory injunction, is accordingly moving a step that has been taken in the defendant’s application.
The case filed by one Patrick Justice Ennin, an alumnus of the University of Ghana, seeks to place an injunction and nullification of the work done by the Vice-Chancellor’s Search Committee.
He alleges that the ‘inclusion of Mrs. Vesta A. Nunoo and Prof. Baffuor Agyeman-Duah as two of the three representatives of the University Council on the Search Committee, was in breach of prevailing law as their tenure, as members of the council, had expired prior to their nomination.
Mr. Ennin argues that, ‘as of July 31, 2020, the tenure of many members of the University Council had expired and the continued membership and inclusion in the work of the University Council of these members renders the activities of the Council, post terminal dates null and void and of no legal effect whatsoever.