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THE REPUBLIC V. HIGH COURT (COMMERCIAL DIVISION) ACCRA EX PARTE; REPUBLIC BANK LIMITED

(2014) JELR 68647 (SC)

Supreme Court  •  CIVIL APPEAL NO.J5/45/2014  •  17 Dec 2014  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC,AKOTO-BAMFO (MRS) JSC

Judgement

JUDGMENT

ATUGUBA JSC:-

The applicant moves this Court for:

1. “An order of certiorari directed to the High Court, Commercial Division, presided over by His Lordship Justice Koomson to move into this Court for the purpose of being quashed the ruling dated 23rd June 2014 in which it assumed jurisdiction to entertain Suit No: BFS/144/14;

2. An order of certiorari to quash the order made by the High Court (Commercial Division) in Suit No: BFS/144/14, on 23 June 2014 in which the High Court upheld a preliminary objection by the Plaintiff/1st Interested Party herein, to the application by 1st Defendant/Applicant herein to strike out the pleading of Plaintiff as disclosing no cause of action basing itself on the ground that the 1st Defendant/Applicant herein had not entered appearance;

3. Consequent upon (1) and (2) above, an order of prohibition restraining the said High Court from proceeding with the hearing of the interlocutory application and the suit;

4. Consequent upon (1) and (9) above, ord…

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