THE REPUBLIC vs. THE REGISTRAR OF BIRTHS & DEATHS, EX PARTE: PHILIP K. AMOH AND URSULA AMOH

APPLICATION ON NOTICE FOR JUDICIAL REVIEW IN THE NATURE OF MANDAMUS i. Introduction/Overview: [1] The primary question for resolution in this legal objection is whether the Applicants have filed the instant application for judicial review out of time pursuant to Order 55 Rule 3 of the High Court Civil Procedure Rules, 2004 C.I. 47 and therefore their rights have extinguished. [2] The facts of this case are free from complexity. On May 19, 2017 the Applicants filed at the registry of this Court a Motion on Notice for Judicial Review pursuant to Order 55 of the High Court Civil Procedure Rules, 2004 C.I. 47 for an order in the nature of Mandamus to compel the Registrar of Births and Deaths to register the birth of their son. The contention of the Applicants is that following the birth of their son on June 4, 2016 at the Korle Bu Teaching Hospital they chose to name him Nana Kwame Boateng Amoh. [3] From the affidavit evidence on record, the Applicants say on September 13, 2016 “we .....