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THE REPUBLIC V. THE HIGH COURT, ACCRA EX-PARTE: EXPENDABLE POLYSTYRENE PRODUCTS LIMITED

(2002) JELR 68306 (SC)

Supreme Court  •  CM NO. 21/2002  •  24 Jul 2002  •  Ghana

Coram
MRS BAMFORD-ADDO J.S.C. (PRESIDING), KPEGAH J.S.C., ADJABENG J.S.C., ADZOE J.S.C., AFREH J.S.C.

Judgement

RULING

MRS. JOYCE BAMFORD-ADDO, J.S.C.

This is a motion invoking the supervisory jurisdiction of the Supreme Court, under Article 132 of the Constitution for the Order of Certiorari directed to the High Court Accra to quash its judgment given on 25th January 2002 in Suit No.C398/7.

The ground for this application is that:

“The judgment is null and void because at the time it was given the six week period prescribed by the rules for it to be delivered had elapsed.” The facts are that the present applicant was Defendant in the High Court case Suit No. C898/97. The plaintiff therein instituted an action against the applicant seeking the following reliefs:—

a) The export value of sea food assessed at FF.88,318,50 or its equivalent.

b) Interest at the commercial bank lending rate calculated from the date of 1st demand until the date of payment and

c) Damages for breach of contract.

After the hearing of evidence in the case had been completed, the plaintiff filed its address on 8th December 1999 an…

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