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THE REPUBLIC V. HIGH COURT (COMMERCIAL DIVISION 6), ACCRA (RESPONDENT) EXPARTE: NOWFILL S. LABA (APPLICANT) WISSAM LABA, LOUIS KHATER ABI HABIB KHATER AND LATEX FOAM RUBBER PRODUCTS LTD

(2019) JELR 67983 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/14/2019  •  19 Jun 2019  •  Ghana

Coram
DOTSE JSC (PRESIDING), BENIN JSC, PWAMANG JSC, DORDZIE (MRS) JSC, AMEGATCHER JSC

Appearances
SAMUEL ADU BOAHEN WITH HIM EUNAS ESHUN FOR THE APPLICANT,AUGUSTINE KUDICIL WITH HIM PAA KWAME LARBI FOR THE 1ST AND 2ND INTERESTED PARTIES

Judgement

RULING

DOTSE, JSC:-

PROLOGUE

This is a Ruling, premised on an application at the instance of Nowfill Solomon Laba, the Applicant herein, seeking an order of Certiorari to quash the orders of the High Court, (Commercial Division 6) dated 27th June 2018 and 2nd November 2018 respectively presided over by Noble-Nkrumah J and also to prohibit the said Judge from hearing suit, No. Misc 0032/2018, pending before the said court.

Even though the application in substance is against all three Interested Parties named herein, it is only 1st and 2nd Interested Parties, Wissam Laba and Louis Khater Abi Habib Khater who have filed and sworn to affidavits in opposition.

The 3rd Interested Party, Latex Foam Rubber Products Limited, the corporate entity founded by the Applicant, and the deceased father of the 1st Interested Party and brother of the Applicant, (and is the reason why the Applicant and Nephew are in court) has for very good reasons in our opinion stayed clear of the ensuing legal quagmire tha…

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