THE REPUBLIC V. THE HIGH COURT, TEMA; EX PARTE THE VESSEL MT ROSE,LEMLA OIL COMPANY LIMITED, THE OWNERS AND PARTIES INTERESTED IN THE VESSEL MT ROSE., AND KMO GOLDLINK INTERNATIONAL

RULING

MAJORITY OPINION:

KULENDI, JSC:-

INTRODUCTION

1. In considering the present application, we found the dicta of our illustrious and venerable brother Adjei-Frimpong JSC to be apt and worth reproducing as follows;

“It is right to state here that generally, the rules of practice and procedure do not look favourably to ex parte applications. And why should they? Is the principle not universal that every person who may be affected by a decision of court must be given an opportunity to be heard? It is plain that the principle of audi alteram partem is the nerve center of the fair trial rules enshrined in the 1992 Constitution. It is for this reason that ex parte applications are granted only in exceptional cases and in cases of extreme urgency where it is near impossible to proceed in the normal way.”

REPUBLIC V. HIGH COURT, KOFORIDUA, EX PARTE; ERNEST YAWKUMI, HENRY BOAKYE YIADOM AND 2 OTHERS (AS INTERESTED PARTIES) [CIVIL MOTION NO: J5/37/2025] DATED 11TH JUNE 2025.

2. The above erudi…