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THE REPUBLIC V. HIGH COURT, ACCRA EX PARTE; DAN ASHIE KOTEY

(2015) JELR 68926 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/9/2015  •  18 Mar 2015  •  Ghana

Coram
ANSAH JSC (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE BONNIE JSC, AKOTO- BAMFO (MRS) JSC

Judgement

JUDGEMENT

ANSAH JSC

On 17-03-15 this court unanimously dismissed an application by the applicant an order from this court to issue a prohibition order against the trial judge to restrain her from proceeding to hear a matter before her; we intimated to give our reasons for our ruling later. We hereby proceed to do so now.

Pursuant to the provisions of article 132 of the 1992 Constitution, the applicant herein moved this court for an order for prohibition directed at the High Court, Court 23, Accra, presided over by Her Ladyship Mrs. Justice Naa Adoley Azu, prohibiting her from proceeding to hear the case entitled A.G. Boadu v. The Registrar, High Court and others, suit numbered BMISC 501/2014, pending before her.

The grounds of the application as revealed by the motion paper are that:

1.“There is a real likelihood of bias on the part of Her Ladyship Mrs. Justice Naa Adoley Azu against the case of the defendants, as shown by various statements of Her Ladyship the presiding judge even before …

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