THE REPUBLIC V. DISTRICT MAGISTRATE, ACCRA CENTRAL, EX PARTE FELICIA MERLEY BOYE, ENOCH BRUCE NETTEY-INTERESTED PARTY

DECISION

ACKAAH-BOAFO J.

APPLICATION ON NOTICE FOR JUDICIAL REVIEW

Introduction/Overview:

[1] This is an application brought under Order 55 Rules 2 and 7 of the High Court (Civil Procedure), 2004 (CI 47) invoking the supervisory jurisdiction of this court for judicial review in the nature of Certiorari to quash the ruling of the District Magistrate, Accra Central dated January 25, 2017.

[2] By Order 55 Rule 1 of CI 47 an application for:

(a) An order in the nature of Mandamus, Prohibition, Certiorari or Quo Warranto; or

(b) An injunction restraining a person from acting in any public office in which the person is not entitled to act; or

(c) Any other injunction shall be made by way of an application for judicial review to the High Court.

[3] The Supreme Court per Adinyira JSC aptly stated the law that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment and to prevent a biased judge from hearing a suit upon satisfactory proof …