THE REPUBLIC V. HIGH COURT CAPE COAST EX PARTE: GHANA COCOA BOARD (INTERESTED PARTY NANA KWAKU APOTOI II)

RULING

ATUGUBA, J.S.C.

The facts of this matter have been masterly related by my able brother Dr. Date-Bah J.S.C. and I would repeat them only where necessary.

This application is “for an Order of Certiorari to quash the decisions of the High Court, Cape Coast, presided over by His Lordship V.G.K AYIMEY given on the 10th September, 2008 and 17th September, 2008 in the matter NANA KWAKU APOTOI III V. THE ATORNEY GENERAL AND GHANA COCOA BOARD, SUIT NO. L 48/2002”

The applicant further states that “the grounds for this application are as follows:-

1. That the High Court Cape Coast had no jurisdiction to hear an application for and grant an order of garnishee against the Applicant when there was an order for Stay of Execution by the Court of Appeal in force at the time.

2. That the orders of the High Court Cape Coast, directing the Manager of National Investment Bank, Head Office, to pay GH¢1,100,000.00 OUT OF Applicant’s account to the interested party was made without jurisdiction s…