[2016]DLSC2824 • July 28, 2016 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, (GENERAL JURISDICTION) ACCRA EX-PARTE: RICHARD KWABENA AND OTHERS
The applicant, a defendant in a civil action before the High Court, was ordered by the trial judge to give bail for his appearance under Order 73 of the High Court Civil Procedure Rules, CI 16, without being afforded the opportunity to show cause why such bail should be required. The applicant challenged the order as made without jurisdiction and in violation of procedural fairness.
read moreGBADEGBE JSC: The simple question for our decision turning on the application before us for judicial review in the nature of certiorari is whether the learned trial judge of the High Court acted within jurisdiction when he made an order on February 08, 2016 that the applicant (a defendant to the action before the trial High Court) to give bail for his appearance in a civil action by virtue of Order 73 of the High Court (Civil Procedure Rules), CI 16. From the impugned order , which appears at page 1 of what is loosely described as Exhibit “A” series, the learned trial judge did not as required by the rules afford the applicant, the opportunity of showing cause why he should not provide good and sufficient cause for his appearance in the action. The obligation imposed on the learned trial judge is expressed in the following words of Order 73 rule1 sub-rule (2) and rule (2) thus: 1. (2).“ Where the court is satisfied that the provisions in paragraph (a) or (b) of sub-rule (1)...