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REPUBLIC V. HIGH COURT, ACCRA, EX PARTE ADJEI

(1986) JELR 68009 (SC)

Supreme Court  •  23 Jun 1986  •  Ghana

Coram
SOWAH C.J.,ADADE JSC,TAYLOR JSC,FRANCOIS J.S.C. ,AMUA-SEKYI J.A.

Judgement

SOWAH C.J.

When the instant application for an order of certiorari to quash the judgment of the High Court, Accra (in a suit entitled Johnson Complex Ghana Ltd. v. Adjei, High Court, Accra, 29 May 1985, unreported, per Adadevoh J.) was called, counsel for the respondent and his client were absent. Counsel for the applicant in moving his motion raised an objection to the jurisdiction of the court to sit. It must be observed that the objection was raised without notice to the respondent or the court. In ordinary circumstances the court would not have entertained the objection but it thought it was so fundamental that it should be heard. In the result the objection was overruled and reasons were reserved. The court now proceeds to give its reasons.

The burden of the objection was that though the Supreme Court exists it is not functional by reason of an infirmity in its membership. Counsel cited an analogous situation in which the Judicial Council exists but because its membership has been …

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