Injunction application against Achimota school 'thrown out'

The Human Rights Division of the Accra High Court has dismissed an interlocutory injunction application filed by Tyron Iras Marhguy, the Rastafarian student, denied enrolment by Achimota Senior High School.

Master Marhguy, 17 years, in a motion on notice for an interlocutory injunction application filed through his father, Mr Tereo Kwame Marhguy, sought for an order of the court to compel the Board of Governors of Achimota School to immediately admit or enrol him for the purpose of education.

He also wanted the court to restrain the school from interfering with his right to education and again restrain the school in any way from discriminating against him on the basis of his hairstyle or his religious beliefs until final determination of the suit.

The Court Presided over by Madam Gifty Agyei Addo said the application if granted could prejudice the suit before her.

She said the applicant failed procedurally on both interim injunction which was to last for 10 days and interlocutory injunction which was to last throughout the hearing of the case.

The Judge said there would be a travesty of justice on the respondents considering the application was filed exparte.

Justice Addo said, whether the application was for interim injunction or interlocutory injunction, it could not 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,” she added.

She said the Court would rather expedite action in the substantive matter and 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.

The case has been adjourned to 22nd April, 2021 for the substantive case to be heard.