THE REPUBLIC V. THE REGIONAL HOUSE OF CHIEFS, GREATER ACCRA REGION, EX PARTE, KPAKPO SAMOAH I
(2019) JELR 107398 (HC)
High Court
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HR/063/2019
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31 Jul 2019
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Ghana
Coram
NICHOLAS M. C. ABODAKPI
Appearances
YAW DANKWA FOR APPLICANT PRESENT.
SAMUEL KLAYSON FOR RESPONDENT PRESENT
Judgement
<p><strong><u>J U D G M E N T</u></strong> </p><p> </p><p>1. The motion for Judicial Review has been filed on 15/05/2019with an affidavit and a statement of case and a supplementary affidavit in support. There are annexures. The Relief sought is an order of Mandamus to compel,ย Respondent/House of Chiefs to provide a certified true copy of a FORM โ1Aโ and FORM โ1Bโ, to Applicant. </p><p> </p><p>The application has been opposed, the affidavit in opposition and the statement of case, contain he reasons. </p><p> </p><p>2. This application has been made under Order 55 of the High Court Civil Procedure Rules 2004, C.I. 47/04 47, and ARTICLE 141 of the 1992, Constitution. </p><p> </p><p>3. I have put down two main issues for determination. They are: </p><p> </p><p>a) Whether or not the Applicant not being a chief or a member of the Greater Accra, Regional House of Chiefs could make a request for the documents in question. </p><p> </p><p>b) Whether or not Applicant has established a right to the performance of the duty requested. </p><p> </p><p>4. I will allocate the burden of proof on the parties as stated beloโฆ</p>