[2024]DLHC17403 • February 28, 2024 • High Court
THE REPUBLIC vs. THE HIGH COURT, ACCRA (GENERAL JURISDICTION 11) EX-PARTE: ANAS AREMEYAW ANAS KENNEDY OHENE AGYAPONG
The applicant, Anas Aremeyaw Anas Kennedy Ohene Agyapong, was subjected to a prejudicial determination of unsubstantiated criminal conduct by the High Court, Accra (General Jurisdiction 11), without being given the opportunity to be heard, violating principles of natural justice and due process in criminal jurisprudence.
read moreRULING ASIEDU JSC: [1]. INTRODUCTION My lords, the instant application seeks to invoke the supervisory jurisdiction of this court under Article 132 of the Constitution, 1992, section 5 of the Courts Act, 1993 Act 459 and rule 61 of the Supreme Court Rules, 1996, CI.16, for an "order of certiorari directed at the High Court (General Jurisdiction 11), Accra, to bring into this honourable court for the purpose of being quashed, the judgment of the High Court dated the 15th March 2023. The application is premised on basically two main grounds: (1). Absence of jurisdiction and, (2) Apparent or real likelihood of bias and impartiality on the part of the judge. The application is supported by a twenty-six-paragraph affidavit. It is also opposed by an eighteen-paragraph affidavit filed by the Interested Party. [2]. FACTS The applicant in this matter issued a writ of summons against the Interested Party (hereinafter referred to as the Defendant) in the High Court, Accra on the 20th...