The Accra Fast Track High Court on Monday struck out the ex-parte application for interim injunction filed by the New Patriotic Party (NPP) and its chairman, Mr Peter Mac Manu, against the Electoral Commission (EC) and its chairman.It awarded costs of GH¢ 1 ,000 each in favour of the EC and Dr Kwadwo Afari-Gyan, without any for the National Democratic Congress (NDC) and the President-elect, Prof. John Evans Atta Mills, because the party and its leader were no parties to the suit by virtue of their not being served.The court on January 1, 2009 refused to hear the motion and instead, indicated that looking at the nature of the case and the exigencies, it was prudent for the interested parties, namely, Prof. John Evans Atta Mills, then the presidential candidate of the NDC, and the NDC to be served on notice with the pleadings to enable them to react appropriately.He also reminded the plaintiffs that the EC was only a referee between the NPP and the NDC and therefore it was important that the NDC was served on notice to respond to the issues raised.Consequently, Mr Justice Edward Amoako Asante adjourned the hearing to yesterday and asked the applicants to serve the interested parties by 10 a.m, on Saturday to enable them to respond by 4 p. m. 'on Sunday.However, the plaintiffs filed a notice to discontinue the case without serving the interested parties.At its sitting, the plaintiffs, who were not in court, failed to comply with its order to serve the NDC and Prof. Mills and Mr. David Annan told the court that the NDC had some reservations about the discontinuance.He said instead of filing a motion to discontinue the matter, the plaintiffs rather filed a notice of discontinuance, which was not proper.The EC, which was represented by Mr James Quarshie-Idun, said it had received the plaintiffs' notice of discontinuance.Mr Justice Asante said having listened to the submission by the counsel, he was of the view that the NDC and Prof. Mills were not parties as yet to the suit because they had not been servedThe applicants were on January I, 2009 represented by Mr Atta Akyea and Mrs Irene Addo while on the other side were Mr Samuel Cudjoe, who described himself as a friend of the court, Mr Tony Lithur, Mr Bram Larbi and Mr Fui Tsikata, among a host of other lawyers .But the parties to the suit were not in court and the writ was to restrain the EC from going ahead to declare the final results of the presidential election without a re-run of the Volta Region elections.Source: Daily Graphic