THE REPUBLIC vs. HIGH COURT, ACCRA EX-PARTE; GHANA MEDICAL ASSOCIATION

The Ghana Medical Association (applicant) sought judicial review to prohibit a High Court judge from proceeding with a ruling on an interlocutory injunction and substantive matter in a suit filed by Chris Archman Akumey against the Association and others. The dispute arose after the plaintiff issued a writ and statement of claim alleging breach of human rights and sought an interlocutory injunction restraining the Association from striking. The High Court judge indicated he would determine the matter on its merits and rule on the injunction after deciding a preliminary objection concerning the plaintiff's capacity to invoke the court's jurisdiction. The applicant alleged the High Court lacked jurisdiction as the plaintiff improperly invoked human rights jurisdiction by writ instead of motion, and that the judge showed bias by pre-judging the matter.

ANSAH JSC. This is an application by the Ghana Medical Association for judicial review of the decision of the High Court, Accra, presided over by His Lordship Mr. Justice Dzakpasu, to prevent him from proceeding with the ruling on the interlocutory injunction and the substantive matter pending before it intituled: ‘Chris Archman-Akumey v Ghana Medical Association & others’. In other words, the application is seeking an order to prohibit the aforementioned judge from ruling on an application for an order of interim injunction and hearing the substantive matter in the suit before him. The affidavit stating the facts and background of the application: The facts grounding the application are contained in the supporting affidavit filed on 8-12-2011. In it, the applicant deposed that on 24 October 2011, the plaintiff, respondent herein, issued a writ of summons and statement of claim against the Ghana Medical Association (hereinafter called the applicant), for certain reliefs and fo...