The Human Rights Division of the Accra High Court presided over by Justice Gifty Agyei Addo has dismissed an ex parte injunction application from one of the Rastafarian students who was denied admission by the Achimota Senior High School.
The interlocutory injunction filed on the sixth of this month was for enforcement of the fundamental human rights of the applicant.
Suing through his father, Tyrone Kwame Marhguy filed an interlocutory injunction, seeking the court to compel Achimota to admit the children to further their education pending the determination of the substantive case.
The court said the applicant failed procedurally on both interim injunction which was to last for 10 days or interlocutory injunction which was to last throughout the hearing of the case.
Again, the court ruled there will be a travesty of justice on the respondents considering the application was filed ex parte.
Justice Addo said whether the application was for interim injunction or interlocutory injunction, it cannot be granted. It is the case of the court that such a decision will prejudice the outcome of the case because the respondents have not been put on notice.
The court said it will rather expedite action in the substantive matter.
Instead of the 21 days allowed by the rules for the respondents to file their responses when served, they would file them in seven days.
One of the lawyers of the applicant, George Tetteh Wayo, in a brief address to the media after the court sitting acknowledged the decision of the court.
The father of Tyrone Kwame Marhguy said his son is undergoing online classes to ensure he remains focused.
Hearing of the substantive matter has been adjourned to the 22nd of this month.
