[0223]DLCA17148February 9, 2023Court of Appeal

THE REPUBLIC vs. THE ATTORNEY GENERAL, EX-PARTE YAKUBU AWABEGO

JUDGMENT HENRY KWOFIE JA: This appeal was launched by the applicant/appellant against the ruling of the High Court, Accra delivered on the 12th November, 2021. The trial court in the ruling, dismissed the applicant/appellants Motion on notice for Judicial Review in the nature of Mandamus under Order 55 of the High Court (Civil Procedure) Rules 2004 (C.I. 47). Dissatisfied with that ruling, the applicant/appellant launched the instant appeal on the 4th of February 2022 on the following grounds: a. The judgment is against the weight of affidavit and documentary evidence on record. b. Her Ladyship fundamentally misdirected herself which misdirection, resulted in her erroneously holding that matters in contention can best be decided if the case should be decided on the merits when the suit before her required a decision on the merits c. Her Ladyship fundamentally erred in law in wrongly exercising her discretion not to grant the order of mandamus by relying on the irrelevant consi...