THE REPUBLIC vs. THE CIRCUIT COURT "A" CAPTAIN BRIMPONG (RESPONDENT) EX-PARTE: RANSFORD AKWEI BULLEY

GBADEGBE, JA This is an appeal from the ruling of the High Court, Accra which refused an application for the prerogative writs of certiorari and mandamus at the instance of the appellant. In the Court below the applicant (to whom I shall in these proceedings for convenience hereinafter refer as the appellant) moved for an order of certiorari to quash the ruling of the Circuit Court refusing leave to amend his pleadings and additionally sought mandamus to compel the learned trial judge to apply the rules of Court in respect of the application for leave to amend. I must say, however, that after the appellant was granted leave under order 59 rules 2 of the applicable rules of Court to issue the application on notice he purported to seek reliefs other than those in respect of which leave was granted to him. In my view, the additional reliefs lacked legitimacy and as such I shall not refer to them in this judgment. In doing so I take refuge under Order 59 rule 5 of the rules of the High Co...