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HANSEN KWADWO KODUAH V. GENERAL LEGAL COUNCIL AND 1 OTHER

(2017) JELR 69569 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H3/117/2017  •  8 Feb 2017  •  Ghana

Coram
V. OFOE JA, B. ACKAH-YENSU JA, C. SOWAH JA

Judgement

RULING

ACKAH-YENSU, JA

The Respondent/Appellant/Applicant (the “Applicant”) is praying the Court to set aside its decision dated 2nd November 2016 (the Court differently constituted). The said decision/ruling overturned an earlier ruling by a single Justice of the Court of Appeal.

Background

On 29th July, 2016 the Court of Appeal, constituted by a single Justice exercising its jurisdiction under Article 138 of the 1992 Constitution and Section 12 (b) of the Courts Act, 1994 (Act 459) granted a stay of the orders of the Disciplinary Committee of the General Legal Council pending the substantive appeal at the Court of Appeal.

In October 2016, the Respondents herein filed an application invoking the “reconsideration jurisdiction” of the three (3) member panel Justices of the Court of Appeal under Section 12 (b) of Act 459 and Article 138 of the Constitution.

The application was slated to be heard on the 2nd of November, 2016. However, on the said date, the Applicant could not attend court beca…

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