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THE REPUBLIC V. THE HIGH COURT (COM. DIV.) KUMASI EX PARTE: FIRST ATLANTIC BANK LIMITED AND 3 OTHERS

(2014) JELR 68703 (SC)

Supreme Court  •  CIVIL MOTION NO.J8/2/2015  •  19 Dec 2014  •  Ghana

Coram
BENIN J.S.C.

Judgement

RULING

BENIN, JSC:-

Currently pending before the Supreme Court is an application for an order of certiorari to quash a decision of the High Court, Commercial Division, Kumasi. The interested parties have since filed their statement of casein response to one filed by the applicant. By the present application, the applicant seeks an extension of time within which to file a reply to the interested parties’ statement of case, relying on Rule 79 of the Supreme Court Rules, 1996 (C.I. 16). The reason proffered for the delay in the affidavit in supportis that counsel for the applicant was indisposed hence his inability to complete the draft reply within the time stipulated by the rules. They therefore want the court to waive the non-compliance with the rules and admit the reply.

The application appeared at first glance to be harmless requiring little or no opposition. However, the interested parties have seriously opposed the application. I am thus obliged to examine the merits of the competing…

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