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REPUBLIC V. HIGH COURT, ACCRA, EX PARTE ASAKUM ENGINEERING & CONSTRUCTION LTD AND OTHERS

(1992) JELR 68116 (SC)

Supreme Court  •  1 Dec 1992  •  Ghana

Coram
ADADE JSC, AMUA-SEKYI JSC, AIKINS JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JSC

Judgement

HAYFRON-BENJAMIN JSC.

At first blush it would appear that this application raises grave and serious issues of law. The applicants, suing in aid of the exercise of this court’s supervisory power of certiorari have stated no fewer than 14 grounds upon which they consider this court should accede to their prayers in their motion. However, upon a close reading of the grounds it is clear that the applicants have misconceived the laws on the issues which they have so raised. This court in Darbah v. Ampah dated 12 February 1990, SC, a similar case in which the applicant wanted to circumvent the appeal process by resort to an application for a prerogative writ, conceded that there were situations in which the court showed anxiety to deal with cases by adopting methods which were faster than the usual processes of normal appeal by resorting to the remedies being sought in that application. This court then stated the two hallowed grounds upon which the supervisory jurisdiction of the court will…

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