Does an application or motion for injunction automatically operate as an injunction?

The issue of whether an application or motion for injunction automatically operates as an injunction is one that has sharply divided legal scholars and practitioners with each school citing various principles of law in support of their stance.

Unfortunately, there has, till date, not been a definite pronouncement by the highest court of the land, the Supreme Court of Ghana, on this matter. Hence the jury is still out there.

It appears however that the dominant view, based on the decided cases at the High Court and the Court of Appeal, is that, an application or notice of an injunction serves as an injunction. The reason underlying the approach adopted by the courts and the lawyers who hold this view is that, proceeding with the action against which the injunction is sought will invariably prejudice the eventual decision of the court or will render the decision of the court nugatory, or put differently, will undermine the administration of justice.

Indeed, the court noted in Republic v. Moffat and Others; Ex Parte Allotey that:

“any conduct which tends to bring the authority and administration of the law into disrespect or to interfere with any pending litigation is contempt of court.  Once the respondent became aware of the pendency of the motion before the High Court, any conduct on their part which was likely to prejudice a fair hearing of that motion or interfere with the due administration of justice amounted to contempt of court”

Similar position was espoused by the court in Health Accounting Staff Assoc. V Korlebu Teaching Hospital. (Unreported) … which position is to the effect that once an injunction application is served or have been brought to your notice, if you continue to act, you can be found guilty for contempt.

The conclusion I draw from my reading of the law and how the courts have applied same is that, one cannot conclusively say without equivocation that an application or notice for injunction, automatically amounts to injunction in all cases (though it applies in most cases).

It is rather one of case by case, and the overarching consideration that the courts rely on is, what is or will be the effect of the impugned action on the application or motion for injunction before the court? Such that, if the action will prejudice the application before the court, then you cannot proceed with the action, else you will be cited for contempt and the vice versa.