THE REPUBLIC V. THE HIGH COURT JUDGE, FAST TRACK DIVISION EX-PARTE BENJAMIN BADU QUAYE & ANOR

JUDGMENT

ATUGUBA J.S.C.

The applicant appealed from a Ruling delivered by Richard Asamoah J in a suit intituled THE REPUBLIC v. CIRCUIT COURT A1, EX PARTE SANDRA YOVONOO and ORS dated the 19th day of December 2005 and followed up on the 3rd day of January 2006 with an application for stay of execution of orders therein made. Upon the dismissal of his said application the applicant brought the instant application before this court seeking an order of certiorari to quash the same.

The applicant’s grounds for this application are, inter alia, lack of jurisdiction in that, at the time of dismissing his said motion for stay of execution Asamoah J had been transferred from High Court (18) to Fast Track Court Division (2) of the High Court Accra, whereas the motion for stay of execution had been filed in High Court (18) where the main suit had been tried and determined.

Normally the room in which a judge or magistrate sits to exercise his jurisdiction does not matter, see REPUBLIC v. CAPE COAST…