THE REPUBLIC. V. THE HIGH COURT EXPARTE N. B. ASARE (INTERESTED PARTY DR. K. DUFFOUR)

BY COURT:

Upon this application coming up at the last sitting Thaddeus Sory for the interested party reiterated his careful and interesting submissions as to the computation of time for this application. After careful scrutiny of the record however we are driven to accept the applicant’s contention that his application was timeously filed on the 89th day when a new issue of bias though still related to the issue of res judicata previously ruled upon arose. It is the pronouncement of the Judge for closing the issue of res judicata by saying in effect that this court’s Judgment as to some of the issues involved between the same parties was relevant in so far as that action before him was an entirely fresh and inferentially independent one that grounds the present application.

In the circumstances it is difficult to think that the trial Judge having clearly tipped the scales in his mind in regard to that issue still left it open for litigation or at any rate with an unbent mind. For this r…