ADINYIRA (MRS), JSC
“The right of appeal is jettisoned frequently for an immediate tryst with prerogative proceedings. I think the time has come when the distinction should be punitively maintained.” Per Francois J.A. (as he then was) in The Republic v. Circuit Court Accra; Ex parte Appiah [1982-83] GLR 129 at page 145.
The applicant, Al-Hassan Limited, a real estate development company has invoked the supervisory jurisdiction of the Supreme Court under Article 132 of the Constitution of Ghana, 1992 for an order of certiorari for the purpose of quashing a ruling dated 5 July 2010, of the High Court (Land Division, Court 2) Accra presided over by Justice F.K. Awuah and a further order of prohibition to prevent the said judge from sitting on the Applicant’s Motion for an Order of Interlocutory Injunction and the substantive land suit entitled Al-Hassan Limited v. Thaddeus Sory.
The grounds for the application are that:
1) “The Order by the Trial High Court precluding the Applicant f…