IN THE MATTER OF THE MINERALS AND MINING ACT, 2006 (ACT 703) AND OTHERS V. MINISTER FOR LANDS AND NATURAL RESOURCES EX PARTE: EXTON CUBIC GROUP AND ATTORNEY GENERAL
(2018) JELR 65808 (HC)
High Court
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SUIT NO: GJ/1427/2017
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8 Feb 2018
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Ghana
Coram
JUSTICE KWEKU T. ACKAAH-BOAFO
Appearances
OSAFO-BUABENG WITH GODWIN TAMAKLOE SANJA ANITA MORRISON AND,REINDORF TWUMASI-ANKRAH FOR THE APPLICANT ,GODFRED YEBOAH DAME (DEPUTY ATTORNEY GENERAL) WITH MRS; HELEN ZIWU (SOLICITOR GENERAL) IVY VANDERPUIJE (SSA,VERONICA ADIGBO (SSA) ZAINAB AYARIGA (ASA,VICTORIA ADDOTEY (ASA) FOR THE RESPONDENT & INTERESTED PARTY
Judgement
<h2 class="ql-align-center">DECISION</h2><p><strong>ACKAAH-BOAFO, J.</strong></p><p>i. Introduction/Overview:</p><p>[1] This is an application in the nature of <em>Certiorari</em> brought pursuant to Order 55 Rule 1 (a) and 4 of the High Court Civil Procedure Rules, 2004 C.I. 47. The Applicant, alleges that the Respondent Minister acted beyond his powers and breached the Applicant’s right to be heard when he revoked three mining leases granted the Applicant by the government of the Republic of Ghana.</p><p>[2] Order 55 Rule 1 (a) and 4 (2) state:</p><blockquote>“1. An application for;</blockquote><blockquote>(a) an order in the nature of mandamus, prohibition, certiorari or quo warranto;</blockquote><blockquote>4. (1) An application for. judicial review shall be made to the High Court by motion. </blockquote><blockquote>(2) The motion shall be supported by an affidavit by or on behalf of the applicant which shall contain the following particulars </blockquote><blockquote>(a) the full name, description and address for service of the applicant: </blockquote><blockquote>(b) the facts upon which the applicant relies; </blockquote><blockquote>(c) the relief or remedy sought by the applicant and the grounds on which he seeks the relie…</blockquote>