THE REPUBLIC vs. GA SOUTH MUNICIPAL ASSEMBLY (NOW WEIJA/GBAWE MUNICIPAL ASSEMBLY) THE MUNICIPAL CHIEF EXECUTIVE (GA SOUTH MUNICIPAL ASSEMBLY) (RESPONDENTS) GBAWE KWATEI FAMILY EX PARTE BEN N. A. ARYEETEY (APPLICANT)

The applicant in this matter caused to be issued against the respondents on the 5th day of March 2019, this application for judicial review and particularly for an order of mandamus against the 1st and 2nd respondents and an injunction to restrain the 3rd respondent from developing the area marked as a road. It is interesting to note that despite the service on the respondents of the motion paper together with its supporting affidavit and despite the appearance in court of counsel who announced themselves as representing the respondents, no affidavit in opposition has been filed by any of the respondents to this matter. From the evidence on record, the court finds that the 2nd respondent is the Municipal Chief Executive of the Ga South Municipal Assembly now known as the Weija/Gbawe Municipal Assembly, Weija, Accra. The court holds that the office held by the 2nd respondent is a public office established pursuant to chapter twenty of the Constitution of the Republic of Ghana and the ...