NANA KWADWO BOATENG V. THE MUNICIPAL DIRECTOR PHYSICAL PLANNING DEPARTMENT NEW JUABEN SOUTH MUNICIPAL ASSEMBLY KOFORIDUA

JUDGMENT

BAFFOE-BONNIE AG. CJ:- 

On the 28th day of May, 2020, the Applicant /Appellant/Appellant (hereinafter called Appellant) applied for judicial review pursuant to Order 55 of the High Court Civil Procedure Rules, 2004 (C.I 47) seeking to compel the performance of Respondent/ Respondent/ Respondent’s (hereinafter called Respondent) statutory duty. The Appellant by an application in the High Court, Koforidua sought for an order of mandamus to compel the Respondent to perform its statutory duty as mandated by the law. According to the Appellant in his Affidavit in support, he submitted a request for an approved layout site plan to the office of the Respondent but same was refused on the basis that the site in question had been earmarked as a site for community right of space. The Appellant claimed that there was no legal basis for the refusal by the Respondent because the earmarking of the site as a community right of space did not extinguish the rights and interests of the family wh…