[1981]DLHC990 • January 9, 1981 • High Court
REPUBLIC vs. MINISTER FOR THE INTERIOR; EX PARTE BOMBELLI
The applicant, Enzo Bombelli, an Italian national residing in Ghana since 1975 with a valid resident permit, was deported under Executive Instrument No. 27 of 1980 issued by the Minister for the Interior. The deportation followed allegations of unlawful importation of firearms and illegal foreign exchange dealings, which the applicant denied. The applicant was arrested, placed under house arrest, and escorted to the border without prior hearing or explanation. He contended that the deportation order was procedurally flawed and unconstitutional, particularly as the Executive Instrument was not laid before Parliament as required by the Constitution.
read moreJUDGMENT OF CECILIA KORANTENG ADDOW J. In these proceedings, Mr Akainyah moves on behalf of the applicant, an Italian national, for a writ of certiorari to issue and bring into this court the Executive Instrument No 27 dated 14 July 1980 to be quashed. In the same motion, the applicant is asking for a declaration that the resident permit issued to him and his family has four more months to run. It is firmly established that a claim for declaration and an application for the prerogative writ of certiorari cannot be married in one action. It seems counsel might have conceeded this because he made no reference to the declaratory part of the reliefs in his argument. I therefore consider that the claim for declaration has been quietly jettisoned. I will only therefore consider the application for certiorari. The grounds upon which this application is made are that, the respondent did not act fairly, in good faith, candidly or without prejudice and bias, and also that he d...