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REPUBLIC V. HIGH COURT, CAPE COAST; EX PARTE KORTE

(1999) JELR 68159 (SC)

Supreme Court  •  14 Jul 1999  •  Ghana

Coram
CHARLES HAYFRON-BENJAMIN JSC,AMPIAH JSC,ADJABENG JSC,ACQUAH JSC,ATUGUBA JSC

Judgement

CHARLES HAYFRON BENJAMIN JSC.

I have had sight of the opinion of my learned and respected brother Acquah JSC and I agree with him that the application be granted. However, as I have a different approach to the conclusions, I have decided to make my contribution since the matter concerns the practice and procedure of the community tribunals vis-à-vis High Courts.

This is an application for an order of certiorari to issue to the High court, Cape Coast to bring up to this court in order to have quashed the ruling of that court dated 24 June 1998. The applicant states three grounds on which he prays in aid the exercise of the supervisory jurisdiction to quash the said ruling as:

(a) Breach of the rule of natural justice.

(b) Error of law on the face of the record.

(c) Lack of jurisdiction.

The basis of the application was that the applicant is the owner and landlord of a block of stores No 328, Agona Swedru. On 17 October 1997 the applicant caused a writ of summons to be issued against Benjami…

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