CATHELINE AND ANOTHER V. AKUFO-ADDO

MENSA BOISON J.A.: This is an appeal from a ruling dated 13 April 1984, of an Accra High Court presided over by Hayfron J. It dismissed a motion praying that the said judge should in substance disqualify himself from further hearing of a suit as instituted above.

The terms of the motion are pertinent and the operative part may be set out:

“Take notice that this honourable court will be moved by Enoch Kom counsel for and on behalf of the defendants-appellants under section 100 of the Courts Act, 1971 (Act 372) and the inherent jurisdiction of the court, praying this court that his Lordship Hayfron J. presiding in the hearing of the suit hereinbefore mentioned stay further proceedings therein disqualifying himself from sitting on the action and report to his Lordship the Chief Justice in order that the Chief Justice may give such directions as may be necessary for the said action to be transferred to another judge for hearing and determination.”

In their affidavit supporting the motion, …