[2023]DLSC16122 • July 5, 2023 • Supreme Court •
THE REPUBLIC vs NEW JUABEN DISTRICT ASSEMBLY KOFORIDUA, THE REGISTERED TRUSTEES OF INTERNATIONAL CENTRAL GOSPEL CHURCH, KOFORIDUA EX PARTE: THE REGISTERED TRUSTEE OF CATHOLIC CHURCH DIOCESE OF KOFORIDUA, THE BISHOP’S OFFICE, SRODAE-KOFORIDUA
The applicant, the Registered Trustee of Catholic Church Diocese of Koforidua, challenged the New Juaben District Assembly's decision to rezone a plot of land from residential to church use and grant a building permit to the International Central Gospel Church to build a church adjacent to the applicant's existing church. The applicant contended that the rezoning was done without prior notice or opportunity to object, and that the building would cause parking and noise issues. The applicant sought judicial review to quash the rezoning and building permit.
read moreJUDGMENT PWAMANG JSC:- My Lords, this appeal emanates from an application for Judicial Review filed in the High Court, Koforidua on 1st October, 2015 by the applicant/respondent/appellant (the applicant) against the New Juaben District Assembly. However, the applicant added the Trustees of the International Central Gospel Church of Koforidua as 2nd respondent. It is a highly unusual practice in our jurisdiction to make a private legal entity a respondent to an application for Judicial Review of an administrative action which action was not taken by that private legal entity. Where any person stands to be affected by the outcome of an application for Judicial Review, either of an administrative action or of a decision of a lower court or adjudicatory body, that party is stated in the originating motion as an interested party, which is the term used in Order 55 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) that deals with applications for Judicial Review. We shall address th...