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THE REPUBLIC V. HIGH COURT(COMM. DIV.) KUMASI EXPARTE; FIRST ATLANTIC BANK

(2014) JELR 92164 (SC)

Supreme Court  •  CIVIL MOTION NO.J8/9/2015  •  19 Dec 2014  •  Ghana

Coram
BENIN, J.S.C.

Appearances
DANIYAL ABDUL KARIM ESQ. FOR THE APPLICANT. KWASI AFRIFA ESQ. FOR THE INTERESTED PARTIES.

Judgement

RULING

BENIN, JSC:-

This is an application seeking an order restraining the interested parties from executing the order of the High Court pending the determination of an application for certiorari brought to the Supreme Court to quash the decision of the High Court, Commercial Division, Kumasi. The applicant recounted the facts leading up to the application for certiorari which is yet to be heard and determined by this court. The applicant herein caused to be issued from the High Court in Kumasi a writ of summons against the interested parties herein. The action could not be heard on merits because on 25th July 2014 the High Court presided over by Yartey J. dismissed the action because the writ of summons did not disclose the chamber registration number of the firm which issued the writ. The court also awarded costs of GHc4,000.00 against the applicant. The applicant has since filed an application for certiorari in this court to quash the said decisions of the High Court.ย 

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