Beyond The Letter Of The Law: The Frimpong v. Cudjoe’s Procedural Lessons

Abstract

In the recent unreported case of Gyedu Frimpong & 4 Ors. v. Joana Gyan Cudjoe & 2 Ors.1, His Lordship Kulendi JSC, sitting as a single judge of the Supreme Court, held that a statement of case not filed contemporaneously with an affidavit supporting an injunction application, as stipulated by Order 25 Rule 1 (3) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), is susceptible to being set aside.

His Lordship noted thus “A preliminary legal issue, which the Court had cause to draw the attention of Counsel for the Applicant to was the fact that whilst the instant interim injunction application was filed at 12:20 pm on the 4th of December, 2024, it was filed without the required statement of case which was mandated by the applicable rules of Court, to be attached to any application for injunction. Curiously, the statement of case, which set out the Applicants legal arguments, complete with applicable legal authorities, was filed at 3.00 pm, over two hours after the instant application had been lodged before this Honourable Court. (C.I. 47) provides …”