THE REPUBLIC vs. THE HIGH COURT, WINNEBA EX-PARTE; PROFESSOR MAWUTOR AVOKE [SUPI KOFI KWAYERA, UNIVERSITY OF EDUCATION, WINNEBA AND MINISTER FOR EDUCATION- PARTIES INTERESTED]

The case concerns a judicial review application challenging the propriety of a High Court, Winneba ruling dated 2nd May 2018, which entered ex parte judgment in default of defence against the 2nd and 3rd interested parties in a suit initiated by the 1st interested party. The 1st interested party had instituted a fresh action by writ of summons seeking declaratory reliefs against the 2nd and 3rd interested parties concerning the extension of the mandate of the Governing Council of the University of Education, Winneba. The applicant, a former Vice-Chancellor of the University and a stranger to the High Court action, sought to quash the High Court judgment on grounds of fundamental errors apparent on the face of the record, including non-service of writ on the 3rd interested party at the time of the default judgment and the impropriety of entering default judgment on declaratory reliefs without hearing evidence or legal arguments.

YAW APPAU JSC: This is the second time within a year that this Court is being called upon to determine the propriety or otherwise of proceedings conducted by the High Court, Winneba involving issues concerning the University of Education, Winneba. The application before us now can be described as the second episode of an unending story about the University that began in 2017 and it would not be out of place if a brief narration of events is given before we proceed to determine the substance of the application. This would help to present a clearer picture of the matters in issue and lead to a better appreciation of our decision. The application before us is a judicial review application brought under article 132 of the Constitution, 1992 and rule 61(1) of the rules of this Court, 1996 [C.I.16]. The prayer of the applicant who used to be the Vice-Chancellor of the 2nd interested party until recently, is for an order of certiorari directed at the High Court, Winneba, to bring up into...