Wife of Transport Minister appeals “irregular” high court injunction decision, files stay of execution

Lawyers for the wife of the Minister for Transport, Mrs Wilemina Asiamah, have filed an appeal against a 12 June 2024, decision by the lands court (High Court 8) which granted an interlocutory injunction against the Minister and his wife from developing a parcel of land situated at Tse Addo residential area in Accra.

It is the contention of the transport Minister’s wife that the interlocutory application granted by the court to Solace Doe and Clareit Baiden, against her when she is not a parties to the original suit filed in court clearly shows that the High Court erred by granting the said interlocutory injunction.

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According to the notice of Appeal filed by Nii Kpakpo Samoa Addo, lawyer for the wife of the Transport Minister on Wednesday, 12 June 2024, at the registry of the Court of Appeal, the Mrs Asiamah is seeking two reliefs. First, that the hearing of the application for interlocutory injunction by the High Court on 12 June 2024 be declared null and void and second, that the whole ruling of the High Court granting application for interlocutory injunction made on 12 June 2024 be set aside.

It is the contention of the Mrs Asiamah that “the trial court erred in law when it heard and granted the application for Interlocutory Injunction filed by Solace Doe and Clareit Baiden and dated 3 May 2024 against her when in fact, she is not a party to the suit pending before the High Court (Land Division).

Again, “the trial court erred in law when it heard and granted Solace Doe and Clareit Baiden’s application for interlocutory injunction dated 3 May 2024 when in fact there was a pending application by the Mrs Asiamah to set aside service of the application for interlocutory injunction.

Additionally, the Transport Minister’s wife contends that the trial court erred in law when it heard and granted Solace Doe and Clareit Baiden’s application for interlocutory injunction when the applicant, Mrs Asiamah, was not and is still not a party to the suit at the time the application was heard and granted.

Finally, the Transport Minister’s wife says her right to be heard was breached when the trial court heard and granted Solace Doe and Clareit Baiden’s application for interlocutory injunction constituting a breached of the audi alteram partem rule of natural justice.

Beyond the appeal, Mrs Asiamah’s lawyers have also filed a stay of execution of the interlocutory injunction granted to the applicants and have subsequently petitioned the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo over what they say is “the irregular manner the presiding High Court Judge granted the interlocutory injunction.

Reporting by Wilberforce Asare in Accra

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