The Human Rights Court 1 Division of the Accra High Court has in its recent proceedings dismissed a mandatory injunction to have Achimota School temporarily admit the first-year Rastafarian student who was earlier denied admission into the school over his dreadlocks.
Presiding over the case was Justice Gifty Agyei Addo. In court, the plaintiff [Oheneba Kwaku Nkrabea] through an ex-parte injunction application pleaded with the court to have the school temporarily admit him until the court gives its final verdict on the case because the longer he stays home the more he tracks back with progress been made with academic work in school.
“This application is brought ex-parte because of the particular urgency of this case. Fresh students of Achimota School have reported to the school and commenced academic work while [the] Applicant is still being denied enrolment despite the directive by 2nd Respondent [Ghana Education Service]. It has therefore become necessary for the Court to intervene in order that Applicant’s rights are protected and enforced. The longer Applicant stays at home, the longer he will continue to be denied an education. If this application is heard in the ordinary, Applicant will have to abide by all the rules relating to service of processes and continue to remain at home while his colleagues are gaining an education,” excerpts of the motion read.
But reacting to the plaintiff’s request, Her Ladyship Gifty Adjei Addo indicated that granting such an application would be prejudicial to the substantive matter because Achimota School isn’t aware of such arrangement.
According to her, the plaintiff in the wake of filing the mandatory injunction failed procedurally on both interim injunctions which were to last for 10 days.
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She further argued that in light of this, the application cannot be granted citing that whether the application was for interim injunction or interlocutory injunction, it was not legal.
As such, Her Ladyship Gifty Adjei Addo granted a 7-day period order instead of the statutory 21 days for Achimota School to file its response to the mandatory injunction filed against the school by the first-year Rastafarian student.
As a result, Oheneba Kwaku Nkrabea will in the wake of the court’s ruling not be admitted by Achimota School until the court passes its final verdict. The substantive matter has been adjourned to April 22, 2021.