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October 30, 1961
HIGH COURT
GHANA
CORAM
JUDGMENT OF OLLENNU J.
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."
Ollennu, J.
AI Generated Summary
In the High Court at Accra, Ollennu J considered an application by a reverend seeking interim relief to restrain a disgruntled group of church members from using the church premises and to appoint a manager, citing a likely breach of the peace. The judge held that enjoining both sides from religious worship would not serve a useful purpose. Instead, he indicated that the situation should be addressed under section 22(1) of the Criminal Procedure Code, 1960 (Act 30), enabling a district magistrate to require leaders of both factions to enter bonds to keep the peace. To facilitate this, he directed the registrar to refer the plaintiffs affidavit to the police so they could act appropriately. This approach preserves public order while allowing both factions to worship freely.