THE REPUBLIC vs. NEW JUABENG MUNICIPAL ASSEMBLY AND 2 OTHERS EX PARTE ELIZABETH BOATENG

SOWAH, J.A: The Applicant/Appellant [hereafter referred to simply as the Applicant] filed an application under Order 55 rules 1, 2, 3 and 4 of The High Court (Civil Procedure) Rules, 2004 (C.I.47) for the Prerogative Writ of Mandamus and Prohibition in the nature of Judicial Review Order. The Motion on Notice filed on 25th March 2014 prayed the Court “… for the prerogative writ of mandamus to compel the new Juaben Municipal Assembly to remove from the record on Store number 32A Kumasi Station Koforidua the name of Ruth Asiedu or any other name or names and Restore thereto the name of Madam Elizabeth Boateng and prohibition to prohibit Ruth Asiedu from operating her business and or trade from the said store No. 32….” The affidavit and supplementary affidavit with exhibits attached which were filed in support of the Application were deposed to by Matilda Otiwaah who purported to be the holder of a power of attorney donated by the applicant. She deposed that the market stall...