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REPUBLIC V. HIGH COURT, ACCRA; EX PARTE CONTINENTAL CARGO AND TRADE SERVICES INC

(2002) JELR 68288 (SC)

Supreme Court  •  24 Jul 2002  •  Ghana

Coram
BAMFORD-ADDO JSC, KPEGAH JSC, ADJABENG JSC, ADJOE JSC, AFREH JSC

Judgement

JUDGEMENT

Afreh JSC.

Delivered the ruling of the court. This is an application for an order of certiorari directed to the High Court, Accra presided over by Gyamera-Tawiah J, to quash its judgment given on 29 January 2001 in the suit entitled Jupiter Airlines v. Continental Cargo and Trade Services Inc, High Court, Accra, 29 January 2001, unreported. The only ground for the application is that: “The judgment is null and void because the court lacked jurisdiction in the suit the subject matter of this application.” The main reason for this contention is that both the plaintiff and the defendant in the suit sought to be quashed were outside the jurisdiction of the court and the alleged contract for sale, as well as the subject matter of the sale, an aeroplane, also were all outside the jurisdiction and had no connection with Ghana.

The interested party has raised a preliminary objection to the application. His reason is that the application is woefully out of time: the judgment sought to b…

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