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THE REPUBLIC V. HIGH COURT, ACCRA EXPARTE: MIREILLI HITTI GEORGE JAMIL MOUGANIE

(2019) JELR 67456 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/63/2018  •  17 Jan 2019  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), YEBOAH JSC, GBADEGBE JSC, MARFUL-SAU JSC , KOTEY JSC

Appearances
VICTORIA BARTH WITH HER ERNESTINA OTU FOR THE APPLICANT; CLARENCE TAGOE FOR THE 1ST AND 2ND INTERESTED PARTIES; ACE ANKOMAH FOR THE 3RD INTERESTED PARTY

Judgement

RULING

GBADEGBE, JSC

We have before us in the exercise of our supervisory jurisdiction under article 132 of the Constitution an application for judicial review in the nature of certiorari directed at the judgment of the High Court, Accra dated 05 June 2018. By the said judgment, a prior order of letters of administration granted in respect of the Estate of Robert Habib Hitti (Deceased) was revoked at the instance of the interested parties herein in a case entitled: George Jamil Mougainie and Another v. Alwan Robert Hitti. The grounds on which the applicant relies in support of the application are as follows:

1. The High Court, Accra presided over by Mrs. Justice Jennifer Akua Tagoe on 5th June 2018 breached the rules of natural justice and occasioned a grave miscarriage of justice when it revoked Letters of Administration granted by the High Court differently constituted on 20th June 2001 for the movable and immovable property of the late Robert Habib Hitti (Deceased); when Applicant who…

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