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THE REPUBLIC V. HIGH COURT, ACCRA EX-PARTE: FREDERICK SALIM HANAWI

(2013) JELR 66734 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/1/2014  •  13 Nov 2013  •  Ghana

Coram
G. T. WOOD (MRS) C. J (PRESIDING), R. C. OWUSU (MS) JSC, J. V. M. DOTSE JSC, ANIN-YEBOAH JSC, J. B. AKAMBA JSC

Appearances
PRINCE FREDERICK ASHIE NEEQUAYE FOR THE APPLICANT; NII ADJIN MENSAH FOR THE INTERESTED PARTIES.

Judgement

JUDGMENT

AKAMBA, JSC

The Applicant herein, Frederick Salim Hanawi, in a notice of motion filed on 2nd August 2013 invokes this court’s supervisory jurisdiction under article 132 of the Constitution 1992 and rules 61 and 62 of CI 16 as amended, for an order of certiorari directed at the High Court, Accra: coram George Atto Mills Graves, J to bring into this court, the entire proceedings including the ruling of the said court dated the 3rd of May 2013, in the suit numbered FAL 202/11 entitled, Dominic Edward Owusu and Esther Adubea Owusu (Plaintiffs) v. Salim Ali and Esther Ali (Defendants), for same to be quashed.

Grounds for Application

The applicant stated three grounds. The first is that the learned High Court judge wrongly assumed jurisdiction to give a ruling on an application to set aside the order dated 14th January 2013 which was not argued before him in the suit No FAL 202/11 (supra). The second ground alleges an error of law apparent on the face of the record. The third and last …

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