REPUBLIC vs. MINISTER FOR THE INTERIOR; EX PARTE BOMBELLI [1981]DLHC990

Date	1981-01-09
Suit No.
Citation No.	[1981]DLHC990

CECILIA KORANTENG-ADDOW J

AKAINYAH FOR THE APPLICANT.

NO APPEARANCE FOR THE RESPONDENT.

[1981]DLHC990
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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REPUBLIC <o:p></o:p>

{HIGH COURT, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 204<o:p></o:p>

DATE:
9 JANUARY 1981,<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AKAINYAH
FOR THE APPLICANT. <o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

CECILIA KORANTENG-ADDOW J<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA KORANTENG
ADDOW J.<o:p></o:p>In these
proceedings, Mr Akainyah moves on behalf of the applicant, an Italian national,
for a writ of certiorari to issue and bring into this court the Executive
Instrument No 27 dated 14 July 1980 to be quashed. In the same motion, the
applicant is asking for a declaration that the resident permit issued to him
and his family has four more months to run.<o:p></o:p><o:p>&nbsp;</o:p>It is
firmly established that a claim for declaration and an application for the
prerogative writ of certiorari cannot be married in one action. It seems
counsel might have conceeded this because he made no reference to the
declaratory part of the reliefs in his argument. I therefore consider that the
claim for declaration has been quietly jettisoned. I will only therefore
consider the application for certiorari.<o:p></o:p><o:p>&nbsp;</o:p>The
grounds upon which this application is made are that, the respondent did not
act fairly, in good faith, candidly or without prejudice and bias, and also
that he did not act in accordance with the due process of law and natural
justice in dealing with the matter of the applicant. But the main ground for
the application is that the respondent did not follow the correct procedure in
issuing the executive instrument under which the applicant and his family were
deported.<o:p></o:p><o:p>&nbsp;</o:p>The original
docket in this case got missing, and up to the time of writing my ruling it had
not been traced. The motion for leave to issue the writ was granted by my
brother Agyepong J during the long vacation, ie August-September 1980. The
pursuant notice was fixed before me on 27 October 1980. On that date only a
temporary docket was put before me; the original docket containing the original
application papers and the order of the court granting the motion ex parte had
not been put before me.<o:p></o:p><o:p>&nbsp;</o:p>The facts
of the case are these: The applicant is an Italian national. He entered Ghana
in 1975 and was given a resident permit which has been renewed at appropriate
times. The applicant was in Ghana with his wife and a thirteen-year-old son.
They all had separate permits. The applicant by his affidavit says that he is a
part-owner to the extent of 49 per cent shares of Aurum Industries Ltd, a
company operating in the country, and that he has brought equipments to the
value of ¢800,000 into the country, and that all the equipments were purchased
in foreign currency. He deposed that he invested this amount in the country
believing that if he remained law-abiding he would be permitted to remain in
the country, and that he had conducted himself lawfully. Sometime in 1979, the applicant
bought cartridges of the type used for hunting and consigned them from Italy to
Tema. He sold the bill of lading to one Mr. Alfred Mensah. He received half
payment of ¢75,000 of the total purchase price. The balance is still not paid.
In March 1980 the applicant was invited by the police and questioned about
these cartridges. He was informed that the goods had been collected from the
purchaser and on the orders of the Minister of Interior they had been
confiscated, but after he gave his statement explaining the circumstances as to
how he came by the cartridges, he was allowed to go about his business.<o:p></o:p><o:p>&nbsp;</o:p>On 11
July 1980, the passport of the applicant was seized. On 12 July the immigration
authority called at his house at Labone and more or less placed him under house
arrest. On 14 July 1980 he was told that a deportation order had been made
against him. The pol</main>