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REPUBLIC V. HIGH COURT, ACCRA (LAND DIVISION)

(2020) JELR 91995 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/35/2019  •  18 Mar 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) , APPAU, JSC , PWAMANG, JSC , DORDZIE (MRS.), JSC , OWUSU (MS), JSC

Appearances
CHRISTOPHER AMANORTEY AKWESI FOR THE APPLICANT.

Judgement

RULING

DOTSE JSC:-

On the 10th of March 2020, this court allowed an application at the instance of the Applicants herein in which they sought an order of Certiorari directed at the Ruling of the High Court, (Land Division) Accra, Coram Eric Baah J dated 15th day of April 2014 in Suit No. FAL 291/11 intitutled Robert Tettey Mensah and 2 Others v. Seargent Abdulai Bawa and 7 Others and also a further order of Certiorari directed to the Registrar of Land Title Registry, Lands Commission, for cancellation of Land Title Registration Certificate No.  TD 13285 and restoration of Land Certificate No. TD 9221.

The grounds of the said application are:-

1. Breach of the Rules of natural justice

In support of the above ground, the Applicants allege that the High Court, Land Division Accra, presided over by the Judge referred to supra in the said Suit on 15th April 2014 breached the rules of natural justice to wit, the “audi alteram partem rule” when he delivered a ruling in the matter intitutled Rober…

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