THE REPUBLIC vs. LA NKWANTANANG MUNICIPAL ASSEMBLY EX PARTE: FIRE SERVICE STAFF ASSOCIATION

APPLICATION ON NOTICE FOR JUDICIAL REVIEW IN THE NATURE OF MANDAMUS i. Introduction/Overview: [1] The facts of this case are free from complexity. On June 30, 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 directed at the Respondent Assembly, La Nkwantanang Municipal Assembly to “compel them to perform their duty under the Local Government Act 1993, Act 462. The contention of the Applicants is that individuals have flouted the law by constructing buildings in zoned areas meant for roads and places deemed access ways and thus blocking home owners like the Applicants access to their various homes. It is the contention of the Applicants that the Respondent Municipal Assembly has failed to act to stop the illegality despite being aware of same. [2] From the affidavit evidence on record, the Applicants say they are Fire Ser.....