[2012]DLCA7752 • May 17, 2012 • Court of Appeal
THE REPUBLIC (RESPONDENT) vs. THE REGISTRAR, CIRCUIT COURT AGONA SWEDREU (RESPONDENT/RESPONDENT) EX PARTE: MOHAMMED MUSTAPHA (APPLICANT/RESPONDENT) PAUL GAYINA, SAMUEL ASABRE BOTCHWAY AND EDWARD ABOAGYE (INTERESTED PARTIES/APPELLANTS)
DENNIS ADJEI, J.A. This is an appeal against the judgment by the High Court Cape Coast which was delivered on 11th January, 2010. In the said judgment the High Court Cape Coast quashed the ruling of the Circuit Court delivered on 9th February, 2009 on the ground that the Applicant/Respondent herein was denied a hearing by the said Circuit Court. The interested party appellant being aggrieved by the decision of the High Court appealed to this court on 22nd January, 2010 praying for an order to set aside the said judgment of the High Court. The grounds of appeal as contained in the Amended Notice of Appeal are as follows: “a. The judgment is against the weight of the evidence adduced before the learned trial Judge during the hearing of the application for judicial review. b. the learned trial Judge erred in law when he held that the striking out of the Applicant/Respondent’s Motion on Notice to strike out the entire action for want of jurisdiction at the Swedru Circuit Cou...