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THE REPUBLIC V. HIGH COURT, TARKWA EX-PARTE: ABISHEK ASHWINKUMAR SONEJI RICHARDSON NYANFUL

(2023) JELR 114277 (SC)

Supreme Court  •  J8/162/2023  •  14 Jul 2023  •  Ghana

Coram
ASIEDU JSC SITTING AS A SINGLE JUDGE

Appearances
JOHN AGBOTEY ESQ. FOR APPLICANT ENOCH ABOAGYE AMPONSAH ESQ. FOR INTERESTED PARTY

Judgement

RULING

ASIEDU, JSC:-

In this application, the applicant seeks the leave of this Court, pursuant to Article 132 of the Constitution, 1992 and rule 62 of the Supreme Court Rules, 1996, CI.16 to apply, out of time, to invoke the Supervisory jurisdiction of this Court. The application was filed on the 29 June 2023.

The applicant says in paragraph 5 of the supporting affidavit that summary judgment, exhibit ‘EA’ herein was entered by the High Court, Tarkwa on the 12 day of December, 2022. The application for summary judgment was served on the applicant on the 7 December 2022. An alleged search conducted on the 30 April 2022 was exhibited by the applicant. This deposition which was made in paragraph 7 of the supporting affidavit is very strange to this Court in that I find it humanly impossible for a search to be conducted on 30 April 2022 in respect of proceedings which occurred in December 2022. I think it is the product of lack of care by the lawyer in the drafting of the supporting affidav…

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