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WELFORD QUARCOO v. THE ATTORNEY-GENERAL, THE ELECTORAL COMMISSION

2012

SUPREME COURT

GHANA

CORAM

  • DATE-BAH JSC (PRESIDING

Areas of Law

  • Constitutional Law
  • Administrative Law
  • Civil Procedure

AI Generated Summary

The case involves a ruling on a motion for an interlocutory injunction against the government's program for creating new districts, which could affect upcoming general elections. The court, led by Justice Dr. Date-Bah, applied the established principles for granting interlocutory injunctions. These principles include: establishing a serious question to be tried, demonstrating irreparable damage, and showing that the balance of convenience favors granting the injunction. The court emphasized the need for particular care in public law matters to avoid halting actions presumptively for the public good without strong reasons. After weighing the potential for irreparable damage to both parties, the court concluded that the plaintiff would not suffer irreparable damage if the injunction were not granted, as any subsequent court decision could nullify the contested actions. Conversely, the government's program and the scheduled elections could face significant, irreparable delays if the injunction were granted. Based on these considerations, the court dismissed the motion for an interlocutory injunction.