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ANTHONY KWABENA ANYAN
V.
THE HIGH COURT, ACCRA

(2008) JELR 68402 (SC)

Supreme Court 10 Dec 2008 Ghana
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- Supreme Court dismissed the certiorari application, holding the High Court acted within jurisdiction in determining the claimant's interest in interpleader proceedings, as the claimant necessarily put his title in issue. - Key principle:

Case Details

Suit Number:SUIT NO. CM J5/37/2008
Judges:AKUFFO (MS) J.S.C (PRESIDING), DATE-BAH J.S.C, ADINYIRA (MRS) J.S.C, OWUSU (MS) J.S.C, DOTSE J.S.C
Counsel:KWAKU BAAH FOR THE APPLICANT,BENARD AHIAVOR FOR THE INTERESTED PARTY

RULING

OWUSU, (MS) J.S.C

This is an application to invoke the supervisory Jurisdiction of the Supreme Court under Article 132 of the constitution, which reads as follows:

“The supreme court shall have supervisory Jurisdiction over all courts and over any adjudicating authority and may in the exercise of that supervisory Jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power.”

The Applicant is seeking an order of certiorari directed to the High Court presided over by J. B. Benson J. to move into this court for the purpose of quashing that part of the ruling of the court dated 10th day of June, 2008, that “the claimant has no interest in the subject matter of this application.”

Before we proceed to deal with the application, we deem it necessary to touch on the title of the application as stated:

No issue has been raised in this application on the title as stated but all the same we feel the need to have it corrected. The t…

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