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THE REPUBLIC v. THE REGIONAL HOUSE OF CHIEFS, GREATER ACCRA REGION, EX PARTE, KPAKPO SAMOAH I

(2019) JELR 107398 (HC)

High Court  •  HR/063/2019  •  31 Jul 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

J U D G M E N T

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,  Respondent/House of Chiefs to provide a certified true copy of a FORM ‘1A’ and FORM ‘1B’, to Applicant.

The application has been opposed, the affidavit in opposition and the statement of case, contain he reasons.

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.

3. I have put down two main issues for determination. They are:

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.

b) Whether or not Applicant has established a right to the performance of the duty requested.

4. I will allocate the burden of proof on the parties as stated belo…

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