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REPUBLIC V. HIGH COURT, KUMASI; EX PARTE ATUMFUWA AND ANOTHER

(1998) JELR 68158 (SC)

Supreme Court  •  15 Jul 1998  •  Ghana

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

Judgement

JUDGMENT

AIKINS JSC.

I have had occasion to read beforehand the opinion about to be read by my learned brother Acquah JSC. I agree with the views expressed by him together with his conclusion on the matter.

CHARLES HAYFRON-BENJAMIN JSC.

On 23 July 1997, I took my stand against the decision of this court to permit the applicants in the certiorari proceedings to regularise their affidavit. As happened, there was in fact nothing on the record which even remotely qualified to earn the title “affidavit.” An affidavit is of a course written document signed by a deponent and sworn to by him before a commissioner of oaths or some other person duly authorized by statute to exercise such function. In the instant application, the document was thumbprinted but it was clearly unsworn. I think the essential characteristic of an affidavit is that it is sworn.

The applicants herein, who were the respondents in the certiorari proceedings, have consequently, upon the making of the order of a 23 July 1997, …

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