REPUBLIC v. DISTRICT COURT, HOHOE; EX PARTE: KAKRABA KWAME & TOGBUI LOH I
2018
HIGH COURT
GHANA
CORAM
- ERIC BAAH JUSTICE OF THE HIGH COURT
Areas of Law
- Administrative Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case concerns a dispute over the management of the Wli Falls. The Tourism Management Team, who were originally in charge, were displaced by an injunction from the District Court in Hohoe. However, this injunction was later quashed by the High Court. The applicants (part of the Tourism Management Team) filed a motion seeking an order for police assistance to restore their management of the falls. The court granted the application, citing that the status quo should be restored following the quashing of the injunction. The court emphasized that the current management team was operating illegally due to the quashed order. The judge ordered the Commander of the Ghana Police Service, Hohoe Municipal, to assist in restoring the Tourism Management Team to the management of the Wli Water Falls site. This ruling underscores the principle of restoring the status quo when a court order is quashed and the court's authority to enlist police assistance in enforcing legal rights.
RULING
1. The motion ex parte by the applicants pray for an order asking the police to assist the Tourism Management Team to take over the management of the Wli Falls and thereby restore the status quo until the case at the District Court is determined.
2. I have examined the motion paper, the depositions in the affidavit in support and the annexures, and also listened to the submission of applicants counsel and concluded that the application is of merit. The decision is anchored on the following grounds:
a) The applicants or the Tourism Management Team were in charge of the management of the Fall by the time the action was taken against them at the District Court, Hohoe.
b) The order of injunction resulted in them being displaced and replaced by the interested parties.
c) The order of injunction that saw to the replacement of the Tourism Management Team has been quashed by the High Court.
d) This means that the status quo ought to be restored pending the determination of the case at the District Court. The status quo can only be restored by placing the Tourism Management Team back into the administration of the Fall.
e) The team established at the order of the District Court to manage the Fall are presently operating illegally since the order upon which they derive their existence has been quashed by the High Court.
f) Since the interested parties have failed to vacate the place voluntarily, and they were placed there with the assistance of the police, it makes sence in terms of peaceful approach to the issue and parity that the police also assist the applicants to have the Tourism Management Team restored to the management of the site.
The application is granted as prayed. The court hereby orders the Commander of the Ghana Police Service, Hohoe Municipal, to restore the Tourism Management Team to the management of the Wli Water Falls site.