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REPUBLIC V. HIGH COURT, KOFORIDUA AND ANOTHER; EX PARTE OHENE

(1995) JELR 64993 (SC)

Supreme Court  •  6 Jun 1995  •  Ghana

Coram
ADADE JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, CHARLES HAYFRON-BENJAMIN JSC

Judgement

CHARLES HAYFRON-BENJAMIN JSC.: The applicant herein, Mr Kwamina Ohene, prays this court for an order of certiorari “to quash the orders of the High Court, Koforidua contained in the judgment. . . dated 28 March 1994.”

The matters giving rise to this application are that the applicant and one Kwabena Atta were sued at the High Court, Koforidua by a man named Samuel Kwame Owusu who described himself as suing “for himself and on behalf of his family of Kankan” for certain reliefs which are not necessary to set down in this application. When the writ of summons was served on Kwabena Atta, described in the writ as the first defendant, he consulted his solicitors and instructed them to enter appearance on his behalf. The solicitors, it appears, without ascertaining whether the applicant, described in the writ as the second defendant, had been served with a summons and wished to retain them, erroneously entered appearance for both defendants. As stated above, the applicant had not, at the tim…

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