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Home Featured

Rastafarian Saga: Interlocutory injunction dismissed by court

Mabel Boamah by Mabel Boamah
6 years ago
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Rastafarian Saga: Interlocutory injunction dismissed by court
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Tyron Iras Marhguy, a Rastafarian student refused admission to Achimota Senior High School, lodged an interlocutory injunction plea with the Accra High Court’s Human Rights Division.

Master Marhguy, 17 years old, sought an order of the court compelling the Board of Governors of Achimota School to automatically accept or enroll him for the purpose of education in a petition on notice for an interlocutory injunction application filed through his parent, Mr Tereo Kwame Marhguy.

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He further requests that the Court prohibit the School from interfering with his right to an education and, once again, prohibit the School from discrimination against him on the grounds of his hairstyle or religious views before the suit is resolved.

The Court, presided over by Madam Gifty Agyei Addo, stated that granting the application would jeopardize the ongoing suit.

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She claimed that the defendant violated the legal requirements for both the temporary injunction, which was to last ten days, and the interlocutory injunction, which was to last during the case’s hearing.

The Judge stated that the respondents would suffer a travesty of justice unless the application was filed ex parte.

If the application was for an interim or interlocutory injunction, Justice Addo stated that it could not be issued.

“It is the Court’s position that such a ruling would prejudice the case’s result because the plaintiffs have not been served,” she said.

She stated that the Court would like to expedite action on the factual issue, and instead of the 21 days required by the rules for respondents to submit replies after being served, they would do so in seven days.

The lawsuit has been rescheduled for the definitive hearing on 22nd April 2021.

Related Article: Second Rasta family’s injunction lawsuit will be heard in court today 

SOURCE: ATLFMONLINE

Mabel Boamah

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