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THE REPUBLIC V. HIGH COURT 17, ACCRA EX PARTE; KWAME EYITI

(2015) JELR 68927 (SC)

Supreme Court  •  CIVIL APPEAL NO. JS/41/2015  •  21 Jan 2015  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, BAFFOE-BONNIE JSC, GBADGEBE JSC, AKOTO-BAMFO (MRS) JSC

Judgement

JUDGEMENT

GBADEGBE, JSC

There is before us a notice of motion praying for an order of judicial review in the nature of certiorari and prohibition on grounds contained in the supporting affidavit of the applicant. The circumstances in which the application has arisen are free from conflict and are as follows. In the course of an action brought to set aside a previous judgment between the parties to these proceedings, the Respondent herein applied by way of a motion in the cause for an order of stay of execution of the judgment in respect of which the action was mounted. It appears that on 06 May 2014 when the said application came on for hearing, learned counsel for the Respondent (Applicant therein) being absent without cause, the application was struck out for want of prosecution as borne out by exhibit APP1. On a subsequent date, 21 May 2014, the learned trial judge, notwithstanding an objection from counsel for the Applicant, received an explanation from counsel for the Applicant in …

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