[2009]DLSC5030 • February 11, 2009 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, FAST TRACK 2, (RESPONDENT) EX PARTE: GHANA LOTTO OPERATORS ASSOCIATION. (APPLICANT) AND NATIONAL LOTTERY AUTHORITY (INTERESTED PARTY)
The Ghana Lotto Operators Association (Applicant) challenged proceedings in the High Court, Fast Track 2, where an application by the National Lottery Authority (Interested Party) to dismiss the Applicant's action was transferred from Justice Abada to Justice Asante by the Chief Justice. Subsequently, the case was moved without a formal transfer order to Justice Ofori-Atta, who ruled on an interim injunction application in the absence of the Applicant and its counsel. The Applicant contended that this transfer and ruling were without jurisdiction.
read moreATUGUBA, J.S.C: I agree with the Ruling of my able brother Dr. Date-Bah J.S.C. However I find it necessary to express my views on certain aspects of t his case. The first is the ambit of the power of transfer of cases given to the Chief Justice under S.104(1) – (3) of the Courts Act, 1993 (Act 459), as amended. It provides thus: “104 (1) Subject to the provisions of the Constitution, the Chief Justice may by order under his hand transfer a case at any stage of the Proceedings from any Judge or Magistrate to any other Judge or Magistrate and from one court to another court of competent jurisdiction at any time or stage of the proceedings and either with or without an application from any of the parties to the proceedings. (2) The order may be general or special and shall state the nature and extent of the transfer and in any case of urgency the power of transfer may be exercised by means of a telegraphic, telephonic or electronic communication from the Chief Justice. ...