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THE REPUBLIC V. THE HIGH COURT, GENERAL JURISDICTION 6 EX-PARTE DR. ZANETOR A. RAWLINGS AND OTHERS

(2016) JELR 65487 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/19/2016  •  19 May 2016  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), ANIN YEBOAH JSC, BENIN JSC, APPAU JSC, PWAMANG JSC

Appearances
GODWIN KODZO TAMEKLO ESQ WITH HIM MRS SANJA MORRISON MAHAMA, THEOPHILUS DONKOR AND REINDORF TWUMASI ANKRAH FOR THE APPLICANT; GARY NIMAKO MARFO ESQ. FOR THE 1ST INTERESTED PARTY., MAAME SANA BARTON - ODURO ESQ. FOR THE 2ND INTERESTED PARTY

Judgement

JUDGEMENT

ATUGUBA, JSC:

The applicant, Dr. Zanetor Agyeman-Rawlings per her counsel moves this court for:

“1. An order of certiorari to bring up the ruling of His Lordship KWEKU T. ACKAH BOAFO J, of the High Court, General Jurisdiction 6, dated 22nd March, 2016 for the purpose of being quashed for wrongfully assuming jurisdiction to interpret and define the scope of application of article 94 (1) (a) of the 1992 Constitution;

2. An order of prohibition directed to His Lordship KWEKU T. ACKAH BOAFO J, of the High Court, General Jurisdiction 6, Accra restraining him from proceeding to hear the dispute between the Applicant and the Interested parties pending a decision in the instant application.

On the Ground that:

1. The Learned Judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution holding that once the Applicant had put herself out as a contestant in the parliamentary primaries of the National Democratic Congress she was caught by article 9…

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