The Plaintiffs filed their motion on notice for injunction on 27th June, 2023. It was served on the 1st Defendant’s counsel on 26th July, 2023. On 19th July, 2023, the Court ordered the 1st Defendant counsel to file affidavit in opposition if any to the application for injunction.
The said Order has not been vacated or varied.
The motion has been served on the 1st Defendant counsel for about three (3) weeks now.
There is no affidavit in opposition which has been filed.
It is trite law, that adjournments are at the discretion and instance of the court.
And a lawyer’s request for adjournment does not bind the Court to adjourn the case.
See REPUBLIC v HIGH COURT (FAST TRACK DIVISION) ACCRA; EX PARTE SIAN GOLDFIELDS LTD. [2009] SCGLR 204 The Court has a duty to hear cases expeditiously in accordance with Order 1 Rule 1(2)and Order 37 rule 2 of C. I. 47. The Court will therefore proceed to hear the injunction application.
The 1st Defendant counsel’s prayer for adjournment is refused.
FRANCIS OBIRI(JUSTICE OF THE HIGH COURT)
