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THE REPUBLIC V. THE HIGH COURT EX PARTE: FRANCIS NII AYIKAI

(2014) JELR 68649 (SC)

Supreme Court  •  CIVIL APPEAL NO.J5/2/2014  •  31 Jul 2014  •  Ghana

Coram
WOOD (MRS) C.J (PRESIDING), OWUSU J.S.C., DOTSE J.S.C., YEBOAH J.S.C., AKAMBA J.S.C.

Judgement

RULING

OWUSU (MS), JSC.

The Applicant herein is invoking the supervisory jurisdiction of the court under Article 132 of the constitution by way of Judicial review in an application for an order of certiorari to bring up and quash a judgment of His Lordship E. A. Asante delivered on 23rd of May 2013 in Suit No.AHR 101/2012 entitled:

NII AKOSOKU --------------------- PLAINTIFF

VRS

FRANCIS AYIKAI ---------------------- DEFENDANT

The grounds on which the application is premised are the following:

“(i) The trial Judge committed an error of law apparent on the face of the record by failing to wait for the Supreme Court’s appellate determination of the primary issue of the capacity or locus standi of the Plaintiff, i.e. the interested Party/Respondent herein, before delivering his substantive judgment on 23rd May 2013.

(ii) ALTERNATIVELY the trial Judge had no jurisdiction to proceed to deliver final judgment in Suit No. ARH.101/2012 entitled NII AKOSOKU IV V. FRANCIS AYIKAI during the pendency in t…

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