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THE REPUBLIC V. HIGH COURT, ACCRA (FAST TRACK DIVISION) EX-PARTE: DEBORA ATAKORAH (RESPONDENT / APPLICANT) AND BILLY CUDJOE

(2014) JELR 68729 (SC)

Supreme Court  •  CIVIL MOTION NO.J5/27/2014  •  22 Jul 2014  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), DOTSE J.S.C., GBADEGBE J.S.C., BENIN J.S.C., AKAMBA J.S.C.

Judgement

RULING

ATUGUBA, JSC

The applicant moves this court for:

“(i) an order of Certiorari to quash the decision of His Lordship Justice L.L. Mensah (hereinafter called “the Judge”) sitting at the High Court (Fast Track Court 1) which was made on 2nd April, 2014,
(ii) an order of Prohibition restraining the said Judge from proceeding to take evidence and determine the substantive suit in respect of case entitled DEBORA ATAKORA v. BILLY CUDJO SUIT NO. AC 128/2012 as having been made in excess of his jurisdiction,
(iii) an order directing the said Judge to adopt the terms of settlement signed by the parties and their solicitors and filed on 25th March, 2014 by the parties in the said suit, and
(iv) any further or other Order(s) as this Court may deem fit.
- - - - - - - - - grounds for the application are as follows:
(i) That the judge acted without jurisdiction when he set aside the terms of settlement validly executed by the parties and their counsel.
(ii) That the judge acted in excess of jurisdicti…

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