THE REPUBLIC V. SOCIAL SECURITY & NATIONAL INSURANCE TRUST & ATTORNEY GENERAL EXPARTE: ERNEST THOMPSON
(2020) JELR 112307 (CA)
Court of Appeal
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H1/159/2020
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29 Jul 2020
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Ghana
Coram
IRENE CHARITY LARBI, JA (PRESIDING)
ANTHONY OPPONG, JA
P. BRIGHT MENSAH, JA
Appearances
SAMUEL CUDJOE FOR APPLICANT WITH JOHN NORMESINU BEING LED BY ABEDINIGO TETTEH MENSAH.
RICHARD GYAMBIBY FOR THE 2ND RESPONDENT/RESPONDENT. GLORIA COFIE FOR THE 1ST RESPONDENT/RESPONDENT.
Judgement
<p style="text-align: center"><strong><u> JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BRIGHT MENSAH JA</u></strong></p><p style="text-align: justify">The Supreme Court speaking through Adinyira JSC stated in the case,<strong><em> R v. High Court (Land Division Court 2) Accra; Exparte Alhassan Ltd (Thaddeus Sory – Interested Party) (2011) SCGLR 478</em></strong> that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment or prevent a biased judge from hearing a suit upon satisfactory proof of breach of any principles of the rules of natural justice. </p><p style="text-align: justify">The caveat is, has the applicant/appellant in the instant appeal made a sufficient case to entitle him to such orders he sought by his application? And is it the general position of the law that it is automatic as posited by <strong>Adinyira JSC</strong> that a party is always invariably entitled to such remedies when he has established his case? This is the premise on which I shall proceed to consider the present appeal.</p><p style="text-align: justify">As a matter of convenience, in this instant appeal, I shall simply refer to the applicant/appellant as the appellant an…</p>