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RULING
Before me is an application for injunction filed by the Plaintiff/Applicant, hereafter referred to as “Plaintiff”, seeking an order to restrain the Defendants/Respondents herein, or simply“Defendants”, either by themselves or by their agents, assigns or workers from evicting him from his apartment located at Ashiaman Zongo-Laka Police Barracks where he is currently staying on grounds contained in his supporting affidavit.
From the record before me, I gather that the Plaintiff was posted to Ashiaman in September 2005 and allocated the apartment in issue where he has been residing till present and in the course of his residence, he claims to have used his own personal resources to improve the barracks where he lived.
In 2012, following a disciplinary proceedings instituted against him by the Police Service, the Central Disciplinary Board, for an incident that occurred in 2009 he was dismissed from the Service after almost twenty (20) years of service.
This dismissal, subsequent to the appeal filed by the Plaintiff against the decision of the Central Disciplinary Board, to the IGP, was confirmed in March 2013. It is against this dismissal that almost six (6) years later, the Plaintiff has now commenced the present action by the issuance of a writ of summons claiming the following reliefs: (a) A declaration that the decision of the Central Disciplinary Board dismissing him from the Ghana Police Service is unlawful.
b) An order reinstating him into the Ghana Police Service with payment of all salaries and allowances due him as well as promotion commensurate with his period of service in the service from the date of dismissal till date of final payment.
c) An order for damages for unlawful dismissal.
d) Costs including cost of litigation.
And further by this application, the Plaintiff seeks to prevent the Defendants from evicting him from the apartment pending the final disposition of the suit.
The main ground for filing this application, as can be gleaned from the supporting affidavit is that the Plaintiff hails from Breman Asikuma in the Central Region and while prosecuting this case in Accra, commuting from his hometown to Accra, will cause undue hardship to him for which reason he should be allowed to stay in the premises here in Accra until such a time as a decision is reached in the case.
He further alludes to the fact that being currently unemployed, the survival of his family is hinged on the business his wife carries on within the barracks, and